Tag: Insolvency
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Resolving Without Deciding: Disputed Assets and Insolvency Jurisdiction After Gloster
[Anamika Singh and Tarun Chittupalli are 3rd year B.A. LL.B. Hons. students at National Law Institute University, Bhopal] In a recent decision in Gloster Limited v. Gloster Cables Limited (22 January 2026), the Supreme Court examined the scope of the National Company Law Tribunal’s (NCLT) jurisdiction under section 60(5) of the Insolvency and Bankruptcy Code, 2016 (IBC). The Court was called…
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The Valuation Paradox: A Structural Critique of the IBC’s Liquidation Floor
[Aayush Gugnani is a Senior Status LLB candidate at Queen Mary, University of London (QMUL) with a Master’s in Economics from the University of Ottawa] The Insolvency and Bankruptcy Code, 2016 (‘IBC’) is normatively anchored in the objective of value maximisation of the corporate debtor’s assets, as repeatedly affirmed by the Supreme Court in decisions such as Swiss Ribbons v. Union of…
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Debtors Without Borders: Navigating India’s IBC 2016 and Foreign Lending
[Varsha S. Banta is an India-qualified lawyer, and Senior Resident Fellow (Corporate Law & Financial Regulation) at the Vidhi Centre for Legal Policy, New Delhi] On August 12, 2025, close to a decade after the enactment of the Indian Insolvency and Bankruptcy Code, 2016 (IBC), the Government of India (GoI) introduced the largest set of amendments through the Insolvency and…
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150 Days to Resolution or Liquidation? The Problems and Possibilities of a Creditor-Initiated Insolvency Resolution Process
[Saksham Agrawal is a third-year B.A., LL.B. (Hons.) student at National Law School of India University, Bangalore] The Insolvency and Bankruptcy Code 2016 (“the Code”) was enacted to consolidate India’s fragmented insolvency framework and shift the philosophy of insolvency from litigation and recovery to collective resolution and value maximisation. Since its enactment, the Code has been…
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Delineating “Speculative Investors” for the IBC: Safeguarding Rights of the Homebuyers
[Karan Latayan is a Professor of Law and Kavya Lalchandani an Assistant Professor of Law, both at Jindal Global Law School] The Insolvency and Bankruptcy Code, 2016 (“IBC”) was introduced almost a decade back with an intent to revive and aid the sick businesses by resolving their financial distress. The design and purpose of the IBC was not…
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Why the IBC Bill’s Fix for Waterfall is a Half-Measure?
[Subham Mangla and Dirshi Shah are 4th Year B.A. LL.B (Hons.) and B.B.A LL.B (Hons.) students, respectively, at Gujarat National Law University, Gandhinagar] The order of priority for the distribution of assets during liquidation, colloquially known as the “waterfall mechanism,” is the bedrock of any modern insolvency regime. In India, this critical function is enshrined under section 53 of…
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Third-Party Funding as Catalyst for Effective Avoidance Recoveries under IBC
[Naman Aggarwal is a 5th year B.A. LL.B. (Hons.) student at Dr. Ram Manohar Lohiya National Law University, Lucknow] The Insolvency and Bankruptcy Code, 2016 (IBC) has transformed India’s legal regime on addressing corporate distress by prioritising timely revival, value maximisation and fairness to creditors. Since its introduction, the IBC has effected the resolution of stressed assets…
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The Uneasy Coexistence of PMLA and IBC: Mapping Judicial Interplay
[Harsh Bansal is a final year B.A., LL.B. (Hons.) student at Rajiv Gandhi National University of Law] The overlap between the Prevention of Money Laundering Act, 2002 (PMLA) and the Insolvency and Bankruptcy Code, 2016 (IBC) has repeatedly troubled Indian courts and academics alike. Both statutes contain sweeping non-obstante clauses: section 71 in PMLA and section 238 in…
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Furnace Fabrica: Analysing the Interplay of the IBC and the EPFO Act
[Vanshika Sharma and Ayush Singhal are 4th year B.A., LL.B. (Hons.) students at NALSAR University of Law, Hyderabad] The Insolvency and Bankruptcy Code, 2016 (“IBC”) was introduced with the primary objective of a time-bound resolution of corporate insolvency. However, since its inception, its operational mechanics have been challenged by an array of statutory overlaps. A notable overlap is the…
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Equitable Overreach?: Re-examining Article 142 in the Context of the IBC (Part – II)
[Srujan Sangai is a V year B.A. LLB student at National Law School of India University, Bengaluru. Part I of this post is available here] Reframing Equity’s Domain within the IBC Theoretical Foundations: Interpreting “Fairness” through Legal Positivism and Economic Efficiency In the context of the IBC, the “law” refers to the explicit, codified rules, procedures, timelines, and…
