Insolvency Law 2/5

Arth Doshi

Dec 16, 20235 min read

Has the Creditor in Control Model Helped to Achieve the Objectives of the IBC

This article seeks to evaluate the role of the creditor-in-control model in achieving the objectives of the Insolvency and Bankruptcy Code.

Shweta Kushe

Nov 30, 20238 min read

Paper Tigers: NCLT and NCLAT’s Contempt Jurisdiction under the IBC

A court of law that cannot ensure compliance to its orders is a mere courthouse of brick and mortar.

Govinda Asawa, Arayan Khare

Nov 4, 20235 min read

Cape Town Convention and Insolvency and Bankruptcy Code: Recent MCA Notification

Not only did the NCLT decision disallow the repossession of aircraft by the lessor, but it also projected India as a risky jurisdiction.

Chaitanya Gupta

Nov 1, 20235 min read

Enforceability of Foreign Arbitral Awards through Section 7 of IBC

The article demonstrates that a foreign arbitral award can be enforced by a financial creditor in India under Section 7 of the IBC.

Shreya Saswati, Sruti Patra

Oct 5, 20236 min read

Limited Responsibility of Asset Reconstruction Companies in the Recovery Process

ARCs have the scope of not just reviving assets but also reviving businesses which would contribute towards a more permanent resolution.

Nakshatra Gujrati

Aug 18, 20235 min read

Consent Terms under IBC and Revival of CIRP on its Breach

The recognition of consent terms under the IBC represents a significant development in the Indian insolvency regime.

Praveen Sharma

Aug 5, 20236 min read

IBC Overrides Electricity Act: Capturing Fallacy in Rainbow Papers

The author argues that the Raman Ispat judgment prudently captures the fallacy in the Rainbow Papers judgment.

Vishesh Bhardwaj, Bhabesh Satapathy

Jul 27, 20236 min read

Operational Debt and the Inevitable Dilemma of Computing Interest Without an Express Clause

Tribunals have denied computation of interest without an express agreement for the same. The authors have argued in favour of computation.

Satwik Mohapatra

Jul 15, 20236 min read

The Turbulence of GoFirst: Unriddling the Insolvency Puzzle and Implications

The main issue which revolves around the insolvency of GoFirst is the possession of aircraft.

Manav Ganapathy

Jul 9, 20236 min read

(Re)Evaluation of the Treatment of Third-Party Security Holders under the IBC

There is need for a legislative amendment to bring in consistency in the treatment given to security holders under a resolution plan.

Aditi Kundu

Jun 8, 20238 min read

Principle of Commercial Wisdom Revisited: Comment on MK Rajagopalan v. Dr Periasamy Palai Gounder

The author attempts to analyze the stage that the principle of commercial wisdom of the CoC holds under the Indian insolvency jurisprudence.

Pratyush Singh

May 25, 20236 min read

The Need to Revisit the Exception of ‘Ordinary Course of Business’ under IBC

This article attempts to highlight the shortcomings of the court’s interpretation of the phrase ‘ordinary course of business’ in Anuj Jain.

Kumar Shubham, Divyansh Bhardwaj

Apr 26, 20236 min read

Reconsideration of an Approved Resolution Plan by CoC: A Conundrum?

Authors analyze the power of CoC to reconsider or review its approval in a case where the successful plan is pending the approval of AA.

Aayush Panwar, Aditya Maheshwari

Feb 8, 20235 min read

Supertech Insolvency: A Tussle Between Rights of Home-Buyers and Maximizing Assets under CIRP

This article aims to elucidate the provisions pertaining to reverse CIRP under the IBC.

Manik

Jan 23, 20234 min read

Powers of ED Under Prevention of Money Laundering Law and the Tussle with IBC

The author examines the constant tussle between PMLA and IBC.

Deepali Bhandari

Jan 16, 20234 min read

The Fate of Pre-Pack in India

The author analyses the possible reasons for the low rate of initiation under the pre-pack framework.

Pratyush Singh

Nov 15, 20226 min read

Interpreting Rainbow Papers: What is a Statutory Charge?

This article attempts to present a narrower interpretation of the Rainbow Papers judgment.

Amar Gupta

Oct 9, 20224 min read

Rainbow Papers Judgment: A Step Backwards in Insolvency

Per the author, the judgment in Rainbow Papers requires immediate review.

Amar Gupta

Oct 2, 20224 min read

The Polyvocal Court

The author evaluates the judgment in Vidarbha Industries which reverses the position upheld in Innoventive and Bharath Hi-Tecch.

Harsh Tomar

Sep 21, 20227 min read

Analyzing Arun Kumar Jagatramka v. Jindal Steel and Power

Author proposes a middle ground where promoters and directors are at least allowed to bring proposals under insolvency regime.

Sanya Goel

Sep 16, 20225 min read

The Vidarbha Ruling: Opening up Pandora’s Box

This article examines the Supreme Court’s judgement in Vidarbha and examines the dire consequences that it will have on IBC regime.

Harshit Joshi

Aug 4, 20226 min read

Section 29a(H) of IBC: Eligibility of Resolution Applicants

This article critically evaluates the ruling in MBL Infrastructures and the legal precedents surrounding Section 29A of IBC.

Chhavi Singh

Jul 12, 20226 min read

Need for Specialised Resolution Laws for Financial Institutions in India

The author argues that a separate resolution regime for banks is something India desperately needs to properly tackle bank failures.

Diya Dave

Jul 4, 20226 min read

Orator Marketing v. Samtex Desinz: A Case Comment

Author offers a critique on the decision of the Supreme Court of India in Orator Marketing v. Samtex Desinz.

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