Recent developments in Indian insolvency law
Clarification on Ineligibility of Resolution Applicants In a significant ruling in the case of M.K. Rajagopalan v. Dr. Periasamy Palani Gounder & Anr., the Supreme Court has clarified that a …
Category: Bankruptcy and insolvency
Paschimanchal Vidyut Vitran Nigam Limited v. Raman Ispat Private Limited & Others
In a recent case the Supreme Court of India reversed its previous decision of September 2022 in the matter of State Tax Officer v. Rainbow Papers. In this “Rainbow judgment”, it was established that the State held the status of a ‘secured creditor’ as defined by the Insolvency and Bankruptcy Code.
India looks to further reforms of the bankruptcy code
When the Insolvency and Bankruptcy Code (“the Code”) was introduced in 2016, it highlighted the need to create a credit-friendly culture, an area where previous legislation had fallen short. But while the Code has proven its efficacy as a dynamic legal framework, there remain areas of concern over its application.
Below we review these and also highlight some of the updates including a framework for pre-packaged insolvencies that have come into force since the Code was launched.
Why aircraft lessors need greater protection under Indian law
The aviation industry has witnessed its fair share of turbulence over the years, with several major airlines succumbing to financial crises and filing for bankruptcy. In a recent development, Go …
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How to recover foreign award debts in India through insolvency proceedings
In recent years, India has embraced a pro-arbitration approach, making international arbitration the preferred method for resolving disputes between Indian corporations and global entities. Many of these arbitrations lead to …
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Sanket Kumar Agarwal & Anr. V. APG Logistics Private Limited
Decided on 1 May 2023 | Supreme Court of India In a significant legal development, the Supreme Court of India, in Sanket Kumar Agarwal v. APG Logistics Private Limited, has …
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Latest developments in insolvency and bankruptcy in India
Go First Airlines Go First Airlines files for insolvency: On May 4, 2023, the NCLT Delhi reserves order on a request for an interim moratorium. On May 2, 2023, Nusli Wadia promoter of Go Air …
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Moser Baer Karamchari Union Thr. President Mahesh Chand Sharma v. Union of India and Ors.
In Moser Baer Karamchari Union Thr. President Mahesh Chand Sharma v. Union of India and Ors., the Supreme Court of India has upheld the Companies Act 2013 provision that overrides payment of workers’ dues during Liquidation process under the Insolvency and Bankruptcy Code, 2016.
Excel Engineering & Ors. v. Vivek
Muralidhar Dabhade
Decided on 16th November 2022 | NCLAT Principal Bench, New Delhi FACTS The Appellants contend that the total aggregate amount of the ‘Operational Debt’ from the Operational Creditors (OC) is …
Excel Engineering & Ors. v. Vivek
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Trans Sea Transport B.V. v. Lords Polymer (India) Private Limited
Decided on 28October 2022 | National Company Law Tribunal, Kolkata Facts of the case A company petition was filed by Trans Sea Transport B.V. under section 9 of the Insolvency …
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