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.
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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.
1,537
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.
543
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.
549
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.
647
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.
1,068
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.
244
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.
408
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.
290
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.
1,139
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.
968
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.
667
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.
2,435
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.
1,057
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.
1,264
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.
753
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.
1,009
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.
2,412
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.
148
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.
1,746
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.
289
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.
1,029
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.
591
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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