MCA NOTIFICATION INCREASING THE MINIMUM AMOUNT OF DEFAULT TO ONE CRORE RUPEES APPLIES PROSPECTIVELY, CLARIFIES NCLAT
- By: Ali Khan Mohd.
- NCLT
- Oct 15
- Comments (0)
MCA NOTIFICATION ENHANCING MINIMUM AMOUNT OF DEFAULT APPLIES PROSPECTIVELY, CLARIFIES NCLAT As the ongoing pandemic has impacted economies across the world, it is getting difficult to find adequate resolution applicants to rescue a corporate debtor which is under Corporate Insolvency Resolution Process (“CIRP”) under the Insolvency and Bankruptcy Code, 2016 (“IBC” or “Code”). A large
Read MoreSMART CONTRACTS – THE FUTURE?
- By: Sharath Chandra
- smart contracts
- Sep 17
- Comments (0)
While still being in an infancy stage, the Smart Contracts show a lot of promise in their future applications and uses. Through this Article, the Author explains as to how the smart contracts can make way for execution of key contracts by businesses in the future.
Read MoreDOES CREATION OF PLEDGE OF SHARES BY CD CONSTITUTE DEBT UNDER IBC?
- By: Pallavi Aggarwal
- pledge
- Sep 7
- Comments (0)
In the matter of Amtek Auto Ltd, the NCLT and NCLAT analysed the position of law with respect to creation of pledge vis-a-vis debt under IBC
Read MoreMadras HC: IBBI is empowered to levy fee as a % of Annual Remuneration drawn as an IP
- By: Prakul Thadi
- Regulations
- Aug 18
- Comments (0)
The power of the Insolvency And Bankruptcy Board Of India (the “IBBI”) to levy fee of 0.25% of the professional fee earned for services rendered as an IP in the preceding financial year and also 0.25% of the turnover of an IPE in the preceding financial year and the regulations thereof were challenged before the Hon’ble High Court of Judicature at Madras.
Read MoreWHEN THERE’S NO WISDOM, HOW COME “COMMERCIAL WISDOM”?
- By: Prakul Thadi
- Ushdev international
- Aug 11
- Comments (0)
An interesting case where the Adjudicating Authority made critical comments on the so-called Commercial Wisdom of the Committee of Creditors. It emphasised that the CoC has not at all applied its mind and that there was no element of wisdom displayed, leave alone the ‘commercial wisdom’…
Read MoreIBBI AMENDS LIQUIDATION PROCESS AND VOLUNTARY LIQUIDATION PROCESS REGULATIONS
- By: Prakul Thadi
- Liquidation
- Aug 8
- Comments (0)
IBBI AMENDS LIQUIDATION AND VOLUNTARY LIQUIDATION PROCESS REGULATIONS The IBBI made the following amendments to the Regulations pertaining to Liquidation Process and Voluntary Liquidation Process on August 5, 2020: In the IBBI (Liquidation Process) Regulations, 2016: A clarification is inserted in Regulation 4 clarifying that where a liquidator realising any amount on sale of assets
Read MoreIBBI AMENDS INSOLVENCY RESOLUTION PROCESS REGULATIONS
- By: Prakul Thadi
- Voting on Resolution Plan
- Aug 8
- Comments (0)
A glimpse on the amendments made by IBBI to the IBBI (Insolvency Resolution Process for Corporate Persons) Regulations, 2016
Read MoreAPPOINTMENT OF IRP/RP BY FINANCIAL CREDITORS – STILL CALL IT A FAIR GAME PLAY?
- By: Virendra Maurya
- SC
- Jun 29
- Comments (0)
The Author made an attempt to expose adverse effects of possible collusion of Insolvency Professionals and Financial Creditors.
Read MoreDISSECTING THE DEPOSITS UNDER THE COMPANIES ACT, 2013
- By: Sharath Chandra
- Deposits
- Jun 22
- Comments (0)
The Author made an attempt to simplify the understanding of the concept of Deposits under the Companies Act, 2013.
Read MoreS. 59 of IBC and Voluntary Liquidation under Companies Act
- By: Atchyut Mandhata
- VoluntaryLiquidation
- Jun 17
- Comments (0)
The Hon’ble NCLAT has held that the jurisdiction exercised by the Adjudicating Authority is vested in it and cannot be termed improper. Despite being of the view that the claim initially left out by the Respondent No.1 was payable, the Liquidator proceeded to reject the same without any justifiable reason which cannot be supported.
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