Autonomy to Accountability: Code of Conduct Setting Standards of Transparency
Author believes that the proposed code of conduct for CoC may safeguard stakeholders against the arbitrary approval of a resolution plan.
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Gaargi Singh
Jun 13, 20227 min read
Need for Judicial Scrutiny of the Commercial Wisdom of COC
The article addresses issues relating to flexibility given to COC and resolution professionals in the name of commercial wisdom under IBC.
1,606
Shivam Bhattacharya, Naman Jain
Jun 1, 20225 min read
Pre-Packaged Insolvency for MSMEs in India: A Shot in the Arm?
Authors analyse reasons for introduction of pre-packaged insolvency resolution process and highlight its potential challenges.
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Arun Raghuram Mahapatra, Akshat Verma
Apr 15, 20224 min read
Causes of Inordinate Delays in the IBC and the Elixir to Cure Them - Part II
In this two-part blog, authors analyze and scrutinize some of the primary reasons for the delay in the insolvency process.
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Arun Raghuram Mahapatra, Akshat Verma
Apr 10, 20227 min read
Causes of Inordinate Delays in the IBC and the Elixir to Cure Them - Part I
In this two-part blog, authors analyze and scrutinize some of the primary reasons for the delay in the insolvency process.
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Dharmendra Chatur
Apr 7, 20224 min read
Public Policy Exception to Proposed Cross-Border Insolvency Law – Two Problems & Proposed Amendments
Author deals with 2 problematic aspects and proposes amendments to public policy exception contained in draft cross border insolvency law.
450
Vedaant Agarwal, Shivankar Sukul
Apr 2, 202211 min read
Tracing Reforms in Indian Securitization Regime: Careful Optimism or Throwing Caution to the Wind?
The article describes the legal regime governing securitization while understanding the implications of the recent reforms in the regime.
385
Sudiksha Ravi
Feb 25, 20224 min read
Secured Creditors and Registration of Interests: A Change in Rights
This article assesses the rights of secured creditors conditional to filing of security interests prior to, and after the 2016 amendment.
2,408
Sakshi Garg
Feb 14, 20226 min read
The Inviolability of a Resolution Plan: Analysis by the Apex Court
The author foresees several ramifications of the SC judgment in Ebix v. Committee of Creditors of Educomp Solutions.
505
Dakshita Chopra
Feb 8, 20225 min read
Mandatory Pre-Insolvency Restructuring: The Next Step in the Evolution of Our Insolvency Ecosystem
The author is of the view that a pre-insolvency restructuring process will arrest the flow of cases to the NCLT.
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Ankit Sharma
Jan 3, 20227 min read
Revisiting the Treatment of Subordination Agreements under Section 53 of the IBC
The article examines the NCLAT ruling Technology Development Board v. Anil Goel.
628
Vedaant S Agarwal, Pratham P Mohanty
Aug 7, 20217 min read
Videocon Saga: Does Commercial Wisdom Justify Huge Haircuts?
The authors attempt to answer the fundamental questions around haircuts and examine if the same truly cater to the objective of IBC.
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Shubham Gupta, Mohak Thukral
May 27, 20217 min read
Moratorium under Insolvency and Bankruptcy Proceedings Applicable to Cheque Dishonour Cases
The authors examine the judgment of the Supreme Court of India in P Mohanraj v Shah Brothers Ispat Private Limited.
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Tejas Hinder, Diksha Bhatt
May 20, 20215 min read
Ramesh Kymal: Analysing the Need for a Lesser ‘Creditor-Heavy’ Force Majeure Model under the IBC
This piece aims to address the impact of Section 10A of the IBC on operational creditors in the context of Ramesh Kymal case.
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Kumari Saloni
May 14, 20216 min read
IBC: The Balance Sheet-Acknowledgment Saga Settles, But There is Something More Concerning
While the article celebrates SC’s decision on balance sheet acknowledgment, it highlights its failure to examine Section 18 jurisprudence.
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Paridhi Rastogi, Yagya Sharma
May 9, 20216 min read
Supreme Court Settles the Law on the Interplay Between the IBC and the Limitation Act
This article discusses the issue of application of Section 14 of the Limitation Act to applications under Section 7 of the IBC.
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Kumari Saloni
Apr 19, 20217 min read
IBC: Avoidance Proceedings Beyond Resolution in Light of Venus Recruiters
The author examines a recent Delhi HC ruling that attempts to recognize the gap in the law regarding avoidance applications post-resolution.
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Vinisha Jain, Damini Chouhan
Mar 25, 20214 min read
Ramesh Kymal v M/s Siemens Gamesa Renewable Power: Quandary of Section 10A
The authors examine how Ramesh Kymal v Siemens Gamesa Renewable Power aptly depicts Section 10A as being asymmetrical and inadvertent.
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Sanjana L.B.
Jan 25, 20216 min read
Can Spectrum be Subjected to Proceedings under IBC?
The article examines several considerations around the question of whether spectrum is capable of being subjected to proceedings under IBC.
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Abhishek Jamalpur
Dec 15, 20204 min read
Analysing the Unenforceability of Ipso Facto Clauses During Insolvency Process
The article discusses ipso facto clauses from the standpoint of insolvency and liquidation process.
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Armaan Motiwala, Ritu Chaudhary
Dec 3, 20206 min read
NCLAT Reinforces the Timeframe of CIRP vis-à-vis Panna Pragati
[Armaan and Ritu are students at SVKM'S NMIMS Kirit P Mehta School of Law, Mumbai.] One of the underlining objectives of the Insolvency...
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Abhishekh Mishra
Oct 7, 20207 min read
Role of Resolution Professional in Determination of Claims under IBC: An Analysis
[Abhishekh is a student at National University of Study and Research in Law, Ranchi.] As far as creditors and debtors of the Indian...
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Harshil Wason
Jul 28, 20206 min read
To Enforce or to Relinquish – The Predicament of Joint Charge Holders under IBC
[Harshil is a student at Symbiosis Law School.] In a recent decision of the National Company Law Appellate Tribunal (NCLAT) in Mr...
1,346
Keshav Somani
Jul 25, 20205 min read
Srikanth Dwarkanath v Surana Power Limited: NCLAT’s Idea of Majoritarianism
[Keshav is a student at Gujarat National Law University.] The National Company Law Tribunal (NCLT) Chennai directed the liquidation of...
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