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Actual Control of Assets by IRP Under IBC: No Concept of Symbolic Possession
Introduction The Insolvency and Bankruptcy Code, 2016 (IBC) represents a watershed moment in India’s insolvency regime, fundamentally transforming how corporate distress is m
Do Promoters and Suspended Directors Have Locus Standi to Intervene in CIRP Applications?
Once a company is admitted into a corporate insolvency resolution process (“CIRP”) under the Insolvency and Bankruptcy Code, 2016 (“IBC”), the board’s
Unawareness About CIRP Initiation Not a Ground for Belated Claims: Toyota Financial Services Case Analysis
A case analysis of Toyota Financial Services India Ltd. Vs. Mr. Suresh Kumar Jain (Erstwhile RP) & Ors., decided by the National Company Law Tribunal (NCLT) on 10.09.2023. In
Admission of Claim on the Basis of Balance Sheet Under the Insolvency and Bankruptcy Code: An Analysis of the NCLAT Decision in Engineering Mazdoor Parishad Case
Introduction The intersection of limitation law and insolvency proceedings has emerged as a critical area of jurisprudential development in India’s evolving insolvency framew
Authority of GST Department and Resolution Professionals over GST Dues under IBC: Legal Framework and Limitations
IntroductionThe intersection of tax administration and insolvency proceedings has emerged as a critical area of legal discourse in India. When a corporate entity undergoes the Corp
Personal Insolvency Under IBC: Individual Bankruptcy in India
Introduction The Insolvency and Bankruptcy Code, 2016 represents a watershed moment in India’s insolvency jurisprudence, establishing a unified legislative framework to addre
