I&B Code

Case BriefsHigh Courts

Explained| Madras High Court verdict on constitutionality of Section 204 of the Insolvency and Bankruptcy Code

“Regulations and Byelaws framed under Section 204 IBC clearly provide checks and balances. Therefore, it cannot be said to be confirmation of excessive or unbridled power”

Experts CornerLakshmikumaran & Sridharan

Decoding Section 7 of IB Code for admitting an application for Corporate Insolvency Resolution Process

by Ankit Parhar† and Rashi Srivastava††
Cite as: 2023 SCC OnLine Blog Exp 55

Case BriefsHigh Courts

Approaching police without resorting to special procedure under IB Code to arm twist the Resolution Professional is inappropriate: Madras High Court

Madras High Court said that there is no reason why the complaint was not filed either before IBBI or NCLT for the alleged fraud.

Akaant MittalExperts Corner

Thanos’ Infinite Gauntlet Given an Endgame Treatment – Jurisdiction of the NCLT under Section 60(5) as interpreted by the Apex Court

by Akaant Kumar Mittal†
Cite as: 2023 SCC OnLine Blog Exp 23

Akaant MittalExperts Corner

Limitation in Filing Appeal before the NCLAT — Interesting Development

by Akaant Kumar Mittal†
Cite as: 2023 SCC OnLine Blog Exp 8

Case BriefsSupreme Court

‘Whether Enforcement directorate can attach properties of corporate debtor once moratorium is in force; Supreme Court issues notice in a SLP

Supreme Court: In a special leave petition (‘SLP’) having question of law, whether Enforcement directorate (‘ED’) can attach properties of corporate debtor

Akaant MittalExperts Corner

Differentiating Between Statutory vis-à-vis Contractual Charge Holders – Relevance During Liquidation – Analysis

by Akaant Kumar Mittal†
Cite as: 2022 SCC OnLine Blog Exp 81

Akaant MittalExperts Corner

Differentiating between Statutory vis-à-vis Contractual Charge Holders — Relevance During Liquidation — Initial Discussion

by Akaant Kumar Mittal†

Cite as: 2022 SCC OnLine Blog Exp 78

Case BriefsTribunals/Commissions/Regulatory Bodies

Insolvency for Individuals & Partnership Firms | Is it proper for NCLT to record finding regarding default when RP is yet to consider it and submit report? NCLAT discusses Ss. 95, 97, 99 IBC

National Company Law Appellate Tribunal, New Delhi (NCLAT): Coram of Justice Ashok Bhushan (Chairperson) and Justice Jarat Kumar Jain, Judicial Member and

Op EdsOP. ED.

Hunch to Preserve the Telecom Sector Becomes a Window to Sabotage Concluded Resolution Processes

by Anurag Tripathi* and Naman Singh Bagga**

Op EdsOP. ED.

Avoidable transaction and the offenders window of escape: A perspective

by Naman Singh Bagga†, Maneesh Subramaniam†† and Anurag Tripathi†††

New releasesNews

Get an insight on the interplay of IB Code with several other statutes in “Insolvency and Bankruptcy Code: Law and Practice” | Buy Your Copy Now!

by Akaant Kumar Mittal

Case BriefsSupreme Court

Whether an ex-employee of a financial creditor is eligible to be appointed as Resolution Professional? Read what SC says

Supreme Court: The 3-Judge Bench of Arun Mishra, B.R. Gavai and Krishna Murari, JJ., set aside the NCLAT’s Order with regard to

Case BriefsTribunals/Commissions/Regulatory Bodies

NCLAT | “I&B Code provides specific time frame to complete the process and NCLT should take it seriously”

National Company Law Appellate Tribunal (NCLAT): The Bench of Justice S.J. Mukhopadhaya, Chairperson and Justice Bansi Lal Bhat, Member (Judicial) directed the National

Case BriefsSupreme Court

Provisions of I&B Code must prevail over Section 434 of Companies Act if there is any inconsistency: SC

Supreme Court: A Bench comprising of R.F. Nariman and M.R. Shah, JJ. allowed an appeal filed against the order of Rajasthan High

Case BriefsTribunals/Commissions/Regulatory Bodies

Application under Sections 7, 9 or 10 I&B Code not adversarial litigation; NCLT not required to record detailed decision thereunder: NCLAT

National Company Law Appellate Tribunal (NCLAT): A two-member bench comprising of Justice S.J. Mukhopadhaya, Chairperson and Justice Bansi Lal Bhat, Member (Judicial) 

Case BriefsTribunals/Commissions/Regulatory Bodies

Corporate Insolvency Resolution Process under I&B Code is barred if winding up of the corporate debtor already ordered

National Company Law Appellate Tribunal:  A two-member bench comprising of S.J. Mukhopadhaya and Bansi Lal Bhat, J., dismissed a company appeal filed

Case BriefsTribunals/Commissions/Regulatory Bodies

Application under Section 7 of I&B Code is to be rejected only after giving opportunity to rectify defect

National Company Law Appellate Tribunal: Order of the Adjudicating Authority rejecting the application filed by the petitioners under Section 7 of the