[Kanishka Aswal and Ritik Jhanwar are III year students at the Gujarat National Law University, Gandhinagar. This post was first published here] One of the ultimate goals of the Insolvency and Bankruptcy Code, 2016 (“IBC”) is to provide a mechanism for the timely resolution of a corporate debtor’s insolvency in order to maximize the value of its assets, to facilitate credit facility and to...
Enforcement of Security Interest Against Borrower is Non-Arbitrable
[Suradhish Vats is an Associate at OliveLaw] In the recent case of Bell Finvest India Limited v. AU Small Finance Bank Limited, the Delhi High Court had the opportunity to resolve and clarify the position concerning section 11 of the Arbitration and Conciliation Act, 1996 (‘A&C Act’) and section 11 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security...
‘Beneficial Owner’ is not a ‘Related Party’ under the IBC
[Tejas A. Jha is an Advocate, practicing in New Delhi] Recently, a major cause of concern has been highlighted by legal experts in regard to financial creditors seeking to invoke pledged shares in the corporate debtor. The concern is that when the said pledged shares are invoked, the financial creditor’s seat in the committee of creditors of the corporate debtor (“CoC”) may be put to challenge on...
SSB Retail India: Analyzing the Need to Safeguard the Scheme of the IBC
[Prakriti is a third-year student at the Hidayatullah National Law University] The enactment of the Insolvency and Bankruptcy Code, 2016 (IBC) was an active step by the legislature to provide a consolidated law for reorganization and insolvency resolution in India. It was an attempt to scrap the earlier existing defaulters’ paradise in India. The IBC has successfully pushed India upwards in the...
Enhanced Minimum Amount of Default under IBC – Retrospective or Prospective?
[Ashwin Bala Someshwerar is an LL.M. Student at TNNLU, Tiruchirappalli, Tamil Nadu.] The Ministry of Corporate Affairs (MCA) issued a notification on 24 March 2020 (hereafter, ‘the notification’) enhancing the minimum amount of default under the proviso to section 4 of the Insolvency and Bankruptcy Code, 2016 (IBC) from one lakh rupees to one crore rupees. The notification does not mention the...
Analysing the Effect of the Supreme Court Judgement in Indian Oil Corporation Limited v. NCC Limited
[Dhiraj Abraham Philip is an Advocate-on-Record of the Supreme Court of India and a Partner at the law firm, Dua Associates] The Supreme Court in its judgment dated 20 July 2022 in Indian Oil Corporation Limited v. NCC Limited, held that even after the insertion of sub-section (6-A) in section 11, the scope of inquiry by the Court was not confined to the examination of whether a binding...
SC Clarifies Discretionary Nature of Section 7(5)(a), IBC for Admission of Application
[Anshita Dave and Abhyudaya Yadav are 4th year B.A., LL.B. (Hons.) students at Dharmashastra National Law University, Jabalpur] The issue concerning the nature of section 7(5)(a) of the Insolvency and Bankruptcy Code, 2016 (the “Code”) has been addressed by the Supreme Court of India in its recent decision in Vidharbha Industries Power Ltd v. Axis Bank Ltd. (12 July 2022), wherein the Court has...
The Conundrum of Inter-se Priorities between Secured Creditors in Liquidation
[Arvind Tiwari is a IV year student at the National Law University, Delhi] The recent ruling of the National Company Law Appellate Tribunal (“NCLAT”) in Oriental Bank of Commerce v. Anil Anchalia has rekindled the debate concerning the significance of inter-se priorities among secured creditors in the process of liquidation. In this matter, it was held that once a secured financial...
Rectifying the Law: CoC Approval for Withdrawal of CIRP Proceedings
[Pradhyuman Singh is a V year student of law from Gujarat National Law University, Gandhinagar] On 4 January 2022 in Vinayak Deshpande v. Nexo Industries, the National Company Law Appellate Tribunal (“NCLAT”), Chennai allowed a corporate debtor to settle the matter with the creditor. Accordingly, the National Company Law Tribunal (“NCLT”) was directed to allow the application for withdrawing the...
Delhi High Court on the Overriding Effect of IBC over PMLA
[Pallavi Meena is a IV Year BSW, LL.B (Hons.) student and Ridhi Arora a IV Year B.A., LL.B (Hons.) student, both at Gujarat National Law University] In Nitin Jain, Liquidator, PSL Limited. v. Enforcement Directorate (15 December 2021), the Delhi High Court ruled that the power under the Prevention of Money Laundering Act, 2002 (“PMLA”) to attach properties ceases to exist when an order of...
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