IBC – Lawcutor

Supreme Court Overrules High Court’s Interference in CIRP Under IBC

IBC as a Complete Code The Supreme Court, on January 2, disapproved of the Karnataka High Court’s intervention in the Corporate Insolvency Resolution Process (CIRP), emphasizing that the Insolvency and…

Timely Implementation of Resolution Plans: A Supreme Court Mandate

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State Bank of India & Ors. v/s Consortium of Mr. Murari Lal Jalan and Mr. Florian Fritsch & Anr. 2024 INSC 852 In a critical ruling, a Supreme Court bench,…

Can a Moratorium under Section 14 of Insolvency Bankruptcy Code, leave petitioners without any remedy

In the case of Anjali Rathi v. Today Homes & Infrastructure Pvt. Ltd , the petitioners (Anjali Rathi) were to be given possession of apartment in the Canary Greens, housing…

Stock Broking Company fall under the scope of IBC- NCLAT to decide

The NCLAT, New Delhi has agreed to examine whether a stock broking company should be considered as a Financial Service Provider under Section 3(16) of the Insolvency and Bankruptcy Code,…

IBC Amendment Ordinance 2021 promulgated by central government

COVID-19 pandemic has impacted businesses, financial markets and economies all over world, including India, and has impacted the business operations of micro, small and medium enterprises & exposed many of…

Supreme Court-IBC prevails over power purchase agreement

It has been held by the Supreme Court that power purchase a greener cannot be terminated during the Moratorium period under the insolvency and bankruptcy code says the Supreme Court.…

Supreme Court: Section 7 or Section 9 proceedings under IBC are independent of winding up proceeding

In 2015 a winding up petition was filed against SRUIL before the Bombay High Court. While this winding up petition was pending, Indiabulls Housing Finance Ltd. [“Indiabulls”], a secured creditor…

Whether the non-payment of rent would qualify as an operational debt defined u/s 5(21) of IBC 2016?

In this case of Promila Taneja vs. Surendri Design Pvt Ltd, a Civil Appeal No(s).4237 of 2020, the Supreme Court issued notice in an appeal filed against an order passed…

Supreme Court upheld the impugned amendment of IBC Act 2020

The petitioners have approached this Court under Article 32 of the Constitution of India. The issue raised was Sections 3, 4 and 10 of the Insolvency and Bankruptcy Code (Amendment)…

Supreme court: Any creditor can seek transfer of winding up proceeding from High Court to NCLT

Chief Justice of India SA Bobde, Justices AS Bopanna and V. Ramasubramanian while hearing the appeal of financial creditor in the matter of winding up has held that creditor of…