[Saksham Chaturvedi and Devansh Sehgal are final year B.A. LL.B. (Hons.) students at National Law University, Odisha] Any claim against the corporate debtor (‘CD’) which is pending adjudication or has not been crystallised as of the insolvency commencement date is known as a contingent claim. By virtue of the moratorium issued under section 14 of the Insolvency and Bankruptcy Code, 2016 (‘IBC...
Examining the Viability of Corporate Insolvency Resolution for Section 8 Companies
[Niharika Agarwal and Akshita Bhansali are 3rd year students at Gujarat National Law University] In Educomp Infrastructure & School Management Limited v. Millennium Education Foundation (4 July 2023), the National Company Law Appellate Tribunal (“NCLAT”) held that an application filed under section 9 of the Insolvency and Bankruptcy Code, 2016 (“IBC”) is maintainable in case of a corporate...
Streamlining the Voluntary Liquidation Process: IBBI’s Proactive Move
[Manas Rohilla and Smruti Kulkarni are 3rd year B.A., LL.B. (Hons.) students at the Gujarat National Law University, Gandhinagar] On 5 October 2023, the Insolvency and Bankruptcy Board of India (IBBI) took a proactive stance by releasing the Discussion Paper on Streamlining the Voluntary Liquidation Process (Discussion Paper), proposing amendments to the Insolvency and Bankruptcy Board of India...
India’s Commitment to the Cape Town Convention: A Recent MCA Notification
[Tanay Dubey is a third year B.A., LL.B. (Hons.) student at National Law University Odisha] Through a notification dated 3 October 2023, the Ministry of Corporate Affairs (MCA) exempted transactions, arrangements, or agreements relating to aircraft, aircraft engines, airframes and helicopters from the application of the moratorium clause under section 14(1) of the Insolvency and Bankruptcy Code...
Supreme Court’s Caution against an Infinite Corporate Insolvency Resolution Process
[Praveen Sharma is a 5th Year Student at MNLU Mumbai] Earlier this month, in RPS Infrastructure Ltd. v. Mukul Kumar (2023INSC816), the Supreme Court addressed a crucial issue concerning the timing of claims in the corporate insolvency resolution process (CIRP). The Court was deciding on the question of whether a claim relating to an arbitral award, undergoing an appeal process under section 37 of...
Navigating the Data Integration Conundrum: A Closer Look at IBC
[Aayushi Choudhary and Vaibhav Gupta are fourth year students of Gujarat National Law University, Gandhinagar] The Insolvency and Bankruptcy Code, 2016 (IBC) brought about a major change in the landscape of corporate insolvency proceedings in the country. Nevertheless, despite the IBC’s transformative potential, its effective implementation has been hampered by a significant challenge: the...
Restoring Equity: Supreme Court on Liquidator Discretion in IBC Bidding Process
[Priyanshu Mishra is a III year BA, LLB (Hons) student at the National Law School of India University, Bengaluru] Recently, in Eva Agro Feeds Pvt Ltd v Punjab National Bank (2023INSC809), the Supreme Court decisively clarified the extent of authority granted to a liquidator in rejecting the final bid within an online bidding process. This legal dispute revolved around the rights of the highest...
Receipt of Demand Notice under IBC: Whether Price Sensitive Information?
[Ravishekhar Pandey and Amarpal Singh Dua are with MDP & Partners, Mumbai] The Securities Exchange Board of India (“SEBI”) on 12 July 2023 passed an order relating to the scrip of Shilpi Cable Technologies Limited (“STCL”) imposing penalty on the Managing Director (“MD”) as well as the Compliance Officer for violations of securities laws. In the order, the Adjudicating Officer (“AO”)...
SC Ruling in Paschimanchal Vidyut: Analyzing the Treatment of Statutory Dues as Secured Credit
[Rakshit Agarwal and Tarun Ashok are third-year B.A. LL.B. (Hons.) student at the National Law School of India University, Bangalore] The recent judgment by a division bench of the Supreme Court of India in Paschimanchal Vidyut Vitran Nigam Ltd v Raman Ispat Private Limited (‘PVVNL’) has, as we argue, settled the debate on whether statutory dues are to be considered as secured credit for the...
NCLAT’s Verdict Reshapes the Interplay Between Arbitration and Insolvency
[Mohammad Kaif is a final year student at Campus Law Centre, Faculty of Law, University of Delhi] The judgment of the National Company Law Appellate Tribunal (NCLAT) Chennai Bench in KK Ropeways Limited v. Billion Smiles Hospitality has significant implications for the interplay between arbitration and insolvency proceedings in India. The central question addressed by the NCLAT was whether a...
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