Insolvency & Bankruptcy

CCI approval
27. 06
2025
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Supreme Court’s Mandate on Prior CCI Approval Under IBC: A New Standard for CIRP

In January 2025, the Supreme Court of India passed a landmark judgment in Independent Sugar Corporation Ltd. v. Girish Sriram Juneja, resolving a long-pending doubt in India’s insolvency law. The Court ruled that whenever a resolution plan under the Insolvency and Bankruptcy Code, 2016 (IBC) involves a merger or acquisition (legally referred to as a “combination” under the Competition […]
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Supreme Court Upholds IBC Framework Sets Aside Karnataka High Court’s Intervention in Personal Insolvency Proceedings
17. 03
2025
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Supreme Court Upholds IBC Framework: Sets Aside Karnataka High Court’s Intervention in Personal Insolvency Proceedings

Bank of Baroda Vs. Farooq Ali Khan & Ors,2025 NCLT under Section 95(1) of the IBC by the appellant, a financial creditor, seeking to commence insolvency proceedings against the guarantor, a personal guarantor, after invoking the personal guarantee in relation to unpaid dues. In an order dated 16.02.2024, the National Company Law Tribunal (NCLT), Bengaluru appointed a […]
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Cross-Border Insolvency An Examination Of The Framework And Its Consequences
05. 03
2025
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Cross-Border Insolvency – An Examination Of The Framework And Its Consequences

Given the increased intertwining of national economies, cross-border insolvency presents salient legal and financial difficulty. Upon the existence of an insolvent debtor in more than one country, the necessity to deal with assets and/or creditors creates very complicated jurisdictional problems and other legal issues. Most of the time, a company will operate in several jurisdictions […]
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Insolvency Proceedings for Individuals and Partnership Firms in India
25. 02
2025
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Mastering Insolvency Proceedings for Individuals and Partnership Firms

The Insolvency and Bankruptcy Code, 2016 (IBC) governs insolvency proceedings for individuals and partnership firms in India. This comprehensive legislation consolidates and amends laws pertaining to the reorganization and insolvency resolution of corporate persons, partnership firms, and individuals. Part III of the IBC specifically addresses insolvency and bankruptcy for individuals and partnership firms, providing a […]
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The Role of the National Company Law Tribunal (NCLT) in Insolvency Proceedings in India
11. 02
2025
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The Role of the National Company Law Tribunal (NCLT) in Insolvency Proceedings in India

The National Company Law Tribunal (NCLT) is a quasi-judicial authority established under the Companies Act, 2013, to adjudicate issues related to companies and limited liability partnerships (LLPs). It holds a central role in managing insolvency proceedings in India, as per the Insolvency and Bankruptcy Code (IBC), 2016. What are insolvency proceedings?  Broadly, these are legal […]
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Whether ‘debtor’ Can Initiate Insolvency Proceedings Under Insolvency Bankruptcy Code, 2016
19. 11
2024
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Whether ‘debtor’ Can Initiate Insolvency Proceedings Under Insolvency Bankruptcy Code, 2016

India had numerous acts in place to punish the defaulters like the Indian Contract Act, the Recovery of debts due to Banks and Financial Institution Act 1993, the Securitizations and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Presidency Towns Insolvency Act, 1909, Provincial Insolvency Act, 1920, which were later on replaced […]
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