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Revisiting Independent Sugar: Should CCI Approval be Directory?
The article challenges the ruling in Independent Sugar by examining the statutory provisions and the judicial approach to the issue.
Khushi Vasu, Kunaal Hemnani
7 days ago6 min read
144
Churning the Ocean: The Irony of Section 230's Shield against IBC's Purge
The authors conclude that the dictum is prone to irony and contradicts the objectives of the IBC.
Aditi, Abha Singhal
Nov 9, 20247 min read
406
Death of Personal Guarantor and its Consequences on PGIRP
The peculiar scenario of the demise of the PG presents various challenges and opportunities for the legislature.
Aarya Parihar
Oct 26, 20245 min read
544
Expediting CIRP while Safeguarding Competition
The article suggests some alternatives to green channel mechanism that would expedite the CIRP.
Hamza Khan, Divyanshu Kumar
Oct 19, 20246 min read
214
Unravelling the Labyrinth: Evolution of Homebuyers’ Status under IBC
The recent amendment to the Liquidation Regulations has introduced a measure of certainty and clarity for homebuyers.
Vanshika Sharma
Sep 24, 20246 min read
1,048
Double Insolvency: Navigating the Complexities of Guarantor and Principal Debtor CIRPs
The ruling in this case has provided clarity on the intersection of guarantee contracts and insolvency and bankruptcy laws.
Mayank Kaushik, Kanishka Pareek
Sep 1, 20247 min read
471
Navigating Section 14: Applicability to Foreign-Seated Arbitrations
The selective applicability of the provisions of Section 14 to only domestic-seated arbitrations results in several complexities.
Manav Pamnani, Shourya Sharma
Aug 25, 20248 min read
573
De Lege Ferenda: Does Suspension Period Need Urgent Reform?
To ensure proper functioning of internal market, it is crucial to eliminate incentives for parties to move assets or judicial proceedings.
Nitika, Shaurya Shrestha Awasthi
Jul 28, 20246 min read
203
EPR in Insolvency: Quest for a Greener Resolution
[Zoya and Digvijay are students at National Law University Odisha.] Unprecedented temperatures, pernicious hurricanes and melting...
Digvijay Khatai, Zoya Farah Hussain
Jul 20, 20246 min read
178
Redefining Insolvency: A Case for Prioritizing Ecological Concerns
Prioritizing environmental claims during bankruptcy proceedings could diminish a company's overall value, thus needing express provisions.
Aditi Bharadwaj, Pratishtha Shrivastava
Jun 29, 20246 min read
756
The Case of Sutanu Sinha: Misunderstood Law and Damaging Consequences
The SC in Sutanu Sinha chose from the diverging set of views on the nature of CCDs and their treatment under the IBC.
Ritvik Mishra
Jun 16, 20247 min read
618
Project-Wise CIRP: To Order or Not?
This post outlines the real estate sector’s importance and elucidates the concept of project-wise corporate insolvency resolution process.
Aarya Parihar
Jun 5, 20247 min read
1,384
Enigma of Explanation to Section 33(2): Unleashing the Unchecked Power of CoC, A Threat to the Object of IBC
Inviting resolution plans and, after analyzing the same, approaching liquidation would, in the author’s view, amount to commercial wisdom.
Divyam Desai
Jun 2, 20246 min read
429
Exploring the Conjunctive Test to Navigate the Treatment of Assignees of Related Party Financial Creditors Post Phoenix ARC v. Spade
The post discusses the employment of the conjunctive test for preservation of the claims of genuine stakeholders within the COC.
Mansi Verma
May 5, 20246 min read
451
Clarity on Parity? The Supreme Court’s Verdict on ‘Hyperclassification’ of Financial Creditors
By upholding appellants’ status as being part of a class of creditors, Supreme Court has managed to preserve the sanctity of 2018 amendment.
Mayannk Sharma
Mar 31, 20246 min read
506
A Letter to Legislators of the Incumbent Group Insolvency Regime: Defining Corporate Group and Lessons from Cox and Kings
[Yadu is a student at Symbiosis Law School, Pune.] Group insolvency is defined under Article 2(f) of the UNCITRAL Model Laws on...
Yadu Krishna
Feb 17, 20246 min read
207
Navigating MSME Insolvency: SC Ruling in Hari Babu Thota and Section 29A Implications
Hari Babu ruling gives scope for abuse of Section 29A by allowing backdoor entry of promoters.
Kaustubh Kulkarni
Feb 14, 20246 min read
620
The Dichotomy of Resolution Professionals as Public Servants: Public Duty vis-Ã -vis Public Character
Narrow interpretation of the definition of ‘public servant’ is concerning due to its potential implications.
Avantika
Feb 2, 20246 min read
236
Analyzing the Contours of the Doctrine of Commercial Wisdom in light of Equitable Treatment of the Stakeholders
There is need for balance to be struck between commercial wisdom and ensuring fair and equitable treatment of all stakeholders.
Heeya Sharma, Snigdha
Feb 1, 20245 min read
341
MSME Exemption under IBC: Closing the Loophole
It is important that the law laid down in the case of Hari Babu Thota be reviewed.
Masad Khan
Jan 28, 20246 min read
1,612
Unveiling Appeal Limits: Supreme Court Verdict on Section 61 of IBC
The recent Supreme Court judgment has brought forth a crucial clarification regarding the limitation for filing appeals under Section 61.
Subhasish Pamegam
Jan 27, 20247 min read
1,280
CCDs: Balancing Investor Interests and Fairness in Legal Interpretation
The exploration of CCDs in insolvency cases shows a complex scenario where debt and equity distinctions are blurred.
Sidhanth M K Majoo, Arpit Dhingra
Jan 26, 20246 min read
285
NCLAT’s Ruling on CIRP’s Misuse through Barter Agreement and RERA’s Right To Appeal
The legal stance taken by NCLAT ensures that the remedy of compensation granted by RERA remains a robust and effective tool for homebuyers.
Garvit Shrivastava, Harshita Dhakad
Jan 18, 20247 min read
555
An Attempt to Align IBC with CTC: A Step in the Right Direction?
This article seeks to analyze the rationale and implications of the change to the aviation sector through the lens of the IBC.
Ishita Warghat
Dec 31, 20235 min read
345
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