While setting aside the impugned award in the case of Delhi Development Authority vs M/S Watcon Water Specialists Pvt. Ltd. & Anr, Justice Vibhu Bakhru of the Delhi High Court stated that if the...
In its recent judgement in the Committee of Creditors of Essar Steel India Limited through Authorised Signatory vs. Satish Kumar Gupta & Ors, the Supreme Court resolved various vexing problems...
The question of whether the Limitation Act, 1963 applies to cases brought under the Insolvency and Bankruptcy Code, 2016, before the effective date of the Insolvency and Bankruptcy Code (Second...
When a moratorium period is in effect due to an adjudicating authority order, an arbitration proceeding cannot be initiated. The definition of an arbitration proceeding is as follows: An arbitration...
In accordance with Section 62 of the 2016 Insolvency and Bankruptcy Code, the current case was filed as an appeal. The appeal was filed in opposition to the decision made by the National Company Law...
The National Company Law Appellate Tribunal (NCLAT) has emphasized the limited scope of powers vested in the NCLAT under Rule 11 of the National Company Law Appellate Tribunal Rules, 2016 (NCLAT...
The National Company Law Appellate Tribunal (NCLAT) held that writing to be an acknowledgement of liability must involve an admission of subsisting jural relationship between the parties and a...
The petitioners are the decree holders and owners of the land bearing survey No.604 measuring 05 acres 05 guntas, on which the NHAI took possession of an area of 10,220 sqm for the construction of a...
NCLAT held that IBBI has jurisdiction to regulate the payment of remuneration of RP and IRP both by framing regulations or by issuing executive instructions till regulations are not framed to...
Navigating the Labyrinth: Domain Name Adjudication and Trademark Protection in India Introduction The proliferation of the internet as an indispensable platform for commerce, communication, and...
The Labyrinth of Dissolution: A Legal Analysis of Partnership Firm Termination in India Introduction Partnership, as a business structure, has historically been a cornerstone of commerce in India....
A junk selling contract existed between the two parties. It might be ended by either party given 15 days' notice. The petitioner sought interim relief, claiming that the respondent would award...
The National Company Law Appellate Tribunal (NCLAT) has held that neither the Committee of Creditors (CoC) has the power to determine, nor the resolution professional has the power to reclassify,...
The case brought about a new understanding of the IBC wherein the IBC provisions cannot be used in any situation where there is a genuine dispute. The Code's goal is to get the Corporate Debtor out...
The Supreme Court has finally settled the long-debated topic of what constitutes the "presence of a dispute" in the said case. In the context of the Insolvency and Bankruptcy Code, 2016, the meaning...
The Supreme Court gave clear guidance regarding the application of a moratorium period to a corporate surety. In the instant case titled State Bank of India v. Ramakrishnan and Ors. the issue that...
The Hon’ble Supreme Court has, through the present decision, effectively allowed foreign operational creditors to expeditiously file an application and possibly recover their unpaid dues without...
The Supreme Court held that the board of directors should be given the resolution plans so that they may present greater information to the creditors' committee about their indebtedness. Despite...
IFCI Ltd, a Delhi-based lender, filed a petition with the National Company Law Tribunal (NCLT) to stop the other lenders from selling Videocon Industries' oil assets and consumer durables company...
The National Company Law Appellate Tribunal (NCLAT) held that dissenting financial creditors cannot be discriminated against in a resolution plan. In the instant case titled Hero Fincorp Limited v....