Category: bankruptcy

NCLAT do not have power to condone the delay beyond the prescribed and condonable period under the IBC – Supreme Court In a recent judgment, Hon’ble Supreme Court held that under IBC 2016 once the prescribed and condonable periods (i.e., 30 + 15 days grace) expire, the NCLAT …

Approved Resolution Plan is binding on Income Tax Department. Demands raised subsequently are invalid – Supreme Court In a recent judgment, the Hon’ble Supreme Court has held that the approved Resolution Plan is binding on the Income Tax Department and any subsequent demand raised are invalid. ABCAUS Case …

When CoC accepts a resolution plan and all mandatory requirements complied with, judicial review cannot be extended to analyse and look into the dissatisfaction evinced by any particular creditor or stakeholder – NCLAT In a recent judgment, NCLAT Delhi has held that it is the commercial wisdom of …

High Court incorrectly exercised writ jurisdiction to preclude statutory mechanism and procedure under IBC from taking its course –Supreme Court In a recent judgment, the Hon’ble Supreme Court set aside the order of the High Court and held that it incorrectly exercised writ jurisdiction as it precluded the …

IBBI extends time for filing Forms to monitor liquidation and voluntary liquidation processes under the Insolvency and Bankruptcy Code, 2016 Insolvency and Bankruptcy Board of India7th Floor, Mayur Bhawan, Connaught Place, New Delhi-110001 Circular  No. IBBI/LIQ/80/2024     09th January, 2025 To  All Registered Insolvency Professionals  All Recognised Insolvency Professional …

Centralized Electronic Listing & Auction Platform for Sale of Assets under Liquidation Process Regulation 33 (1) of the IBBI (Liquidation Process) Regulations, 2016 (Liquidation Regulations) provides that, “The liquidator shall ordinarily sell the assets of the corporate debtor through an auction in the manner specified in Schedule I.” …

CIRP can be initiated even if name of financial creditor not specifically mentioned in balance sheet, an entry in the balance sheet coupled with the note of the accounts to acknowledgement of the liability – SC  In a recent judgment, Hon’ble Supreme Court has held that for initiation …

Demanding bribe from directors of Corporate Debtor – IBBI absolves Insolvency Professional In a recent order, Disciplinary Committee of Insolvency and Bankruptcy Board of India (IBBI) on benefit of doubt, absolved an Insolvency Professional (IP) of the charges of demanding bribe from directors of the suspended board of …

Information Utility under IBBI to verify before issuance of a record of default. the Insolvency and Bankruptcy Board of India (Information Utilities) (Amendment) Regulations, 2024. INSOLVENCY AND BANKRUPTCY BOARD OF INDIA NOTIFICATION New Delhi, the 13th August, 2024 Insolvency and Bankruptcy Board of India (Information Utilities) (Amendment) Regulations, …

IBBI Disciplinary Committee to dispose off SCN to service provider within sixty days from the due date for receipt of reply to the show-cause notice INSOLVENCY AND BANKRUPTCY BOARD OF INDIA NOTIFICATION New Delhi, the 13th August, 2024 Insolvency and Bankruptcy Board of India (Inspection and Investigation) (Amendment) …