TagInsolvency

Moratorium under the Bankruptcy and Insolvency Code: Impact on Proceedings for Cheque Dishonour

[Guest post by Aayush Mitruka, a lawyer based in Delhi. An earlier version of this post was published in the newsletter of ICSI – Pune chapter.] The Insolvency and Bankruptcy Code, 2016 (the “Code”) is an all-encompassing legislation which is, inter alia, aimed at a structured and time-bound process for insolvency resolution and liquidation. Chapter II (Part II) of the Code contains...

Director as “Any Person Aggrieved” under Insolvency and Bankruptcy Code

[Guest post by Vaidehi Shankar, Associate at Mundkur Law Partners, Bangalore. The views and opinions expressed herein are those of the author in her personal capacity and do not, in any way or manner, reflect the position or opinion of Mundkur Law Partners] On August 31, 2017, the Supreme Court delivered one of the first landmark judgments on the Insolvency and Bankruptcy Code, 2016 (Code) in...

Eligibility Criteria for Insolvency Resolution Professionals: A Critique

[Guest post by Lavanya Chawla, Batch of 2017, National Law School of India University, Bangalore] With more than 270 days gone by since the enactment of the Insolvency and Bankruptcy Code, 2016 (the Code), the time is ripe to analyse whether the Code has proved to be the magical wand it proclaimed to be. One of the new functionaries introduced by the Code is the Resolution Professional (RP)...

Liability of Personal Guarantors of a Corporate Debtor during the Corporate Insolvency Resolution Process

[Guest post by Param Pandya, Research Fellow, Corporate Law and Financial Law, Vidhi Centre for Legal Policy, New Delhi. The views expressed by the author are personal.] On September 6, 2017, the Allahabad High Court in the case of Sanjeev Shriya vs. State Bank of India (“Sanjeev Case”) decided the question of the liability of personal guarantors of a company where moratorium under section 14 of...

International Business Law Essay Competition

[Announcement posted on behalf of Verus, a law firm] Verus presents the Inaugural Edition of the REEMA RAY PRIZE IN INTERNATIONAL BUSINESS LAW 2017. The prize is instituted in memory of Reema Ray (1982-2013), who was a brilliant young corporate lawyer in one of the leading law firms in India. Her friends, family and colleagues remember her as a rare person with exceptional qualities of heart and...

Supreme Court’s Stay Order in the Jaypee Insolvency Case

It was only last week that the Insolvency and Bankruptcy Code, 2016 (the “Code”) and the insolvency proceedings initiated thereunder received a fillip from the Supreme Court in Innoventive Industries Limited v. ICICI Bank (discussed here). Within a matter of a few days, a contrary result emerged from the Supreme Court in Chitra Sharma v. Union of India which has struck a temporary blow to the...

The Costs and Benefits of Creditor Control under Insolvency Law

[Guest post by Enakshi Jha, who is a graduate from NALSAR University of Law and is currently working at a corporate law firm in Mumbai] The principal benefit of a creditor controlled insolvency law is the efficiency it brings to the market and the advantages it holds for entrepreneurship. First, as a model spearheaded by the persons whose money is at stake (section 6 of the Insolvency and...

Supreme Court Affirms Creditor-Friendly Nature of Insolvency Law

Background The Supreme Court yesterday delivered its first substantive ruling under the Insolvency and Bankruptcy Code, 2016 (the “Code”) in Innoventive Industries Limited v. ICICI Bank. Incidentally, this relates to the first corporate insolvency case to be admitted by the National Company Law Tribunal (“NCLT”) after the Code came into effect in December 2016. The Supreme Court rejected a...

Applicability of the Limitation Act to Insolvency Proceedings

[Guest post by Ashish Virmani & Tanisha Khaitan, both lawyers based in New Delhi and graduates of National Law University Jodhpur] The National Company Law Appellate Tribunal (“NCLAT”) in a recent judgement dated 11 August, 2017 in Neelkanth Township vs. Urban Infrastructure held that the Limitation Act, 1963 is not applicable to proceedings under the Insolvency and Bankruptcy Code, 2016 (the...

Corporate Insolvency Resolution Process and Implications on Securities Laws: Recent Changes

[Guest post by Yogesh Chande, Partner, Shardul Amarchand Mangaldas. View of the author are personal] SEBI (Substantial Acquisition of Shares and Takeovers) Regulations, 2011 (“Takeover Regulations”)  The newly inserted provision in regulation 10 of the Takeover Regulations, notified on 14 August 2017, exempts an acquisition pursuant to a resolution plan approved under section 31 of...

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