Month: October 2020

Landmark Judgements

Making a strong case for liquidation sales at undisclosed reserve prices

By Megha Mittal As per Regulation 39 of the Insolvency and Bankruptcy Board of India (Liquidation Process) Regulations, 2016 (Liquidation...

Transstroy (India) CMD in CBI net on charges of bank fraud

How Deccan Chronicle promoters made a mockery of the insolvency process

Are unscrupulous promoters of defaulting companies making a mockery of the insolvency regime in the country by indirectly controlling their...

Violation of law

Mistakes they make: Common violations that land insolvency professionals in trouble

Given the kind of responsibility and power that comes with the role of a resolution professional, it is only pertinent...

NCLAT dismisses CIRP on doubts over financial creditor

NCLAT dismisses insolvency proceedings after doubts over financial creditor

An insolvency application under Section 7 of the Insolvency and Bankruptcy Code (IBC) admitted by the National Company Law Tribunal...

$150 billion stressed asset market

India offers $150 billion stressed assets market for foreign funds

India has an attractive $150 billion stressed assets market for foreign stressed assets funds to explore, and that the Insolvency...

Borrowing

Pre-pack insolvency framework likely soon; Panel to submit report in a week

Pre-packaged (pre-packs) insolvency resolutions are soon going to be a reality in India. The Committee set up under the Insolvency...

Varanasi Auto Sales Ltd

Increased default limit for triggering insolvency not applicable retrospectively: NCLAT

The Central Government’s notification dated 24 March 2020 enhancing the minimum amount of default limit from Rs one lakh to...

hiring professionals

Let the vacuum left by suspension of IBC be filled by Mediation

By Sanjeev Ahuja Mediation is also often described as "assisted and without prejudice negotiation” and rightly so. The process is...

Allows ARCs to submit resolution plans

Why ARCs should get a chance to bid for corporate debtors under IBC

Should the asset reconstruction companies (ARCs) be allowed to submit resolution plan under the Insolvency and Bankruptcy Code? It’s a...

Lease rentals

Unpaid lease rentals qualify as operational debt under IBC, rules NCLAT

Should lease rentals dues arising from the ‘Leave and Licence Agreement’ be categorized as an operational debt under the Insolvency...