Ongoing winding-up proceedings not a deterrent against filing insolvency petitions: Supreme Court
Insolvency application either under Section 7 or Section 9 of the Insolvency and Bankruptcy Code is an independent proceeding which...
Supreme Court
SC foils another attempt of Deccan Value Investors to wriggle out of Amtek Auto insolvency case
Deccan Value Investors (DVI) attempts to wriggle out of the Amtek Auto corporate insolvency resolution process (CIRP) has faced another...
Australian Supreme Court suspends registration of liquidator Peter Ivan Macks for three years
The Supreme Court of South Australia on 12 February 2021 suspended Peter Ivan Macks’ liquidator registration for a period of...
Having security interest over corporate debtor’s asset alone does not qualify one as financial creditor: SC
The Supreme Court of India has once again reiterated that a person having only security interest over the assets of...
Financial creditors cease to be related party to avoid exclusion should also be barred from CoC: SC
In a landmark judgment on 1 February 2021, the Supreme Court of India in Phoenix ARC Vs Spade Financial Services...
IBC passes another test of constitutionality as SC upholds IBC Amendments Act 2020
By Megha Mittal and Ishika Basu In view of the rising need to fill critical gaps in the corporate insolvency...
Key takeaways from Supreme Court judgement upholding amendments in Section 7, 11 and 32A
The Insolvency and Bankruptcy Code (Amendment) Act, 2020, among others, inserted three provisos to section 7(1), an additional explanation tosection...
SC upholds minimum homebuyers threshold for filing insolvency petition against real estate projects
Homebuyers have lost an important legal battle against the imposition of threshold of a minimum number of allottees for initiation...
‘It is time NCLT imposes heavy costs on petitioners filing frivolous cases to delay resolution process’
Tarun Gulati Senior Supreme Court lawyer Tarun Gulati, who is also an active practitioner in the insolvency and bankruptcy space,...
Let NCLT first decide if spectrum can be part of insolvency proceeding: SC
The Supreme Court of India has lobbed the ball in the court of the National Company Law Tribunal (NCLT) on...