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Flexible Resolution Plans: An Egress from the Trap of Going Concern Sales
This article presents flexible resolution approach as a way forward to curb the menace emanating from inclusion of going concern sale.
Anmol Aggarwal, Akshat Verma
Dec 22, 20236 min read
213
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.
Arth Doshi
Dec 16, 20235 min read
440
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.
Shweta Kushe
Nov 30, 20238 min read
1,793
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.
Govinda Asawa, Arayan Khare
Nov 4, 20235 min read
575
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.
Chaitanya Gupta
Nov 1, 20235 min read
608
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.
Shreya Saswati, Sruti Patra
Oct 5, 20236 min read
733
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.
Nakshatra Gujrati
Aug 18, 20235 min read
1,187
Opportunity to Public Equity Shareholders to Acquire Shares after CIRP: A Pragmatic Step?
The proposed framework addresses the concerns of small investors and would go a long way in supporting them.
Nishant Kumar
Aug 6, 20236 min read
1,280
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.
Praveen Sharma
Aug 5, 20236 min read
247
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.
Vishesh Bhardwaj, Bhabesh Satapathy
Jul 27, 20236 min read
423
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.
Satwik Mohapatra
Jul 15, 20236 min read
341
(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.
Manav Ganapathy
Jul 9, 20236 min read
1,221
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.
Aditi Kundu
Jun 8, 20238 min read
1,086
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.
Pratyush Singh
May 25, 20236 min read
748
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.
Kumar Shubham, Divyansh Bhardwaj
Apr 26, 20236 min read
2,787
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.
Aayush Panwar, Aditya Maheshwari
Feb 8, 20235 min read
1,120
Powers of ED Under Prevention of Money Laundering Law and the Tussle with IBC
The author examines the constant tussle between PMLA and IBC.
Manik
Jan 23, 20234 min read
1,323
Interpreting Rainbow Papers: What is a Statutory Charge?
This article attempts to present a narrower interpretation of the Rainbow Papers judgment.
Pratyush Singh
Nov 15, 20226 min read
1,045
The Polyvocal Court
The author evaluates the judgment in Vidarbha Industries which reverses the position upheld in Innoventive and Bharath Hi-Tecch.
Amar Gupta
Oct 2, 20224 min read
151
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.
Harsh Tomar
Sep 21, 20227 min read
1,868
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.
Sanya Goel
Sep 16, 20225 min read
294
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.
Chhavi Singh
Jul 12, 20226 min read
657
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.
Gaargi Singh
Jun 13, 20227 min read
1,684
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.
Shivam Bhattacharya, Naman Jain
Jun 1, 20225 min read
1,039
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