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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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.
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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.
2,406
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.
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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.
1,015
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.
1,151
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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Sambhawi Sanghmitra, Vijay Rohan Krishna
Nov 11, 20206 min read
The Curious Case of Ruchi Soya and SEBI’s Proposal to Recalibrate MPS Norms in CIRP Cases
[Sambhawi Sanghmitra is a student at Chanakya National Law University, Patna, and Vijay Rohan Krishna is a student at National University...
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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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Shivani Shenoy, Yashwardhan Rajawat
Aug 29, 20195 min read
End of the Road for CIRP: An Impasse at the COC
[Shivani Shenoy and Yashwardhan Rajawat are students at Symbiosis Law School, Pune.] In this article, the authors analyse the...
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Shubham Kumar
Aug 23, 20198 min read
Issues Arising from Non- Implementation of a Resolution Plan
[Shubham Kumar is a student at Hidayatullah National Law University, Raipur.] The Insolvency and Bankruptcy Code, 2016 (IBC) has, within...
3,141
Himani Singh
Mar 16, 20195 min read
De-stressing the Stressed Assets in Public Sector Banks
[Himani Singh is a legal consultant at YES Bank Limited.] The Indian banking sector is plagued with high-risk loans, reducing capital...
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Divisha Mehta, Gibran Naushad
Mar 7, 20196 min read
Mallya and the IBC: Would the present insolvency regime have made a difference?
[Divisha Mehta and Gibran Naushad graduated from National Law University, Delhi in 2017 and are currently based in New Delhi, India.] On...
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Dushyant Kishan Kaul
Jan 19, 20195 min read
De-coding section 29 of the Insolvency and Bankruptcy Code, 2016
[Dushyant Kishan Kaul is a fourth-year student at Jindal Global Law School.] In the recently decided case of ArcelorMittal India Private...
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Moksh Ranawat, Aman Guru
Jan 15, 20195 min read
The Problem of Non-Performing Assets in the Power Sector: ‘Brighter’ Times Ahead?
[Moksh Ranawat and Aman Guru are students at Symbiosis Law School, Pune.] The problem of non-performing assets (NPAs) in the power sector...
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Lakshya Gupta
Dec 30, 20186 min read
Examining Section 11 of the Insolvency and Bankruptcy Code 2016
[Lakshya Gupta is a student at Jindal Global Law School.] With the enactment of the Insolvency and Bankruptcy Code (IBC) in 2016, the...
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