Bombay High Court Reiterates: Rejection Of Plaint To Be Directed Due To Non-Compliance With Mandatory Mediation Procedure Under Section 12A Of The Commercial Courts Act, 2015
In a recent judgement[i], passed by the Ld. Single Judge of the Hon’ble Bombay High Court (“HC”) rejected the plaint under Order VII Rule 11 of the Code of Civil Procedure, 1908 (“CPC”). The HC
Building a Better Insolvency Framework for Real Estate: A Look at IBBI’s Discussion Paper
The Insolvency and Bankruptcy Board of India (IBBI) has released a comprehensive discussion paper addressing critical challenges in the real estate insolvency sector. This paper, aimed at enhancing the Corporate Insolvency Resolution Process (CIRP) for
Supreme Court Judgement on Unilateral Arbitrator Appointments: Implications for Financial Institutions and the way forward
The Supreme Court of India, in its recent judgment on Central Organisation for Railway Electrification v. M/s ECI SPIC SMO MCML (JV) (November 8, 2024), addressed the legality of arbitration clauses allowing unilateral appointments of
IBBI’s discussion paper on Mediation for Operational Creditors: A New Approach Under the Insolvency and Bankruptcy Code
In a significant move to streamline the insolvency process in India, the Insolvency and Bankruptcy Board of India (IBBI) has proposed a framework for voluntary mediation for operational creditors (OCs) before they file applications under
Case Analysis: Vidyasagar Prasad vs UCO Bank (2024 INSC 810 ) Interpreting Acknowledgment of Debt and Limitation in IBC Proceedings
Introduction In Vidyasagar Prasad v. UCO Bank, the Supreme Court dismissed an appeal against the initiation of a Corporate Insolvency Resolution Process (CIRP) under Section 7 of the IBC. This appeal was filed by Vidyasagar
SC Dismisses Appeals by Noida Special Economic Zone Authority: Upholds Insolvency and Bankruptcy Code, 2016 Primacy Over the Special Economic Zone Act, 2005
In a landmark decision, the Supreme Court of India in Noida Special Economic Zone Authority (NSEZA) v. Manish Agarwal & Ors. upheld the approval of a resolution plan under the Insolvency and Bankruptcy Code (IBC),
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