Applicability of Limitation Act to Insolvency Cases
The Insolvency & Bankruptcy Code 2016 (“IB Code”) was enacted in 2016. The question of applicability of the the Limitation Act, 1963 (“Limitation Act”) to IB Code continues to be a bone of contention till
FATE OF THE ACCOUNTS COVERED UNDER THE FEBRUARY 2018 CIRCULAR POST SUPREME COURT JUDGMENT
The Supreme Court of India in the matter of Dharani Sugars & Chemical Ltd Vs. Union of India struck down Circular dated 12th February 2018 issued by RBI as ultra vires of section 35AA of
Supreme Court Allows Withdrawal of CIRP after issue of invitation for expression of interest
In a judgment with far reaching consequences in Brilliant Alloys Private Limited Vs. Mr. S. Rajagopal & Ors[1], a bench of the Supreme Court consisting of Mr. J Rohinton Fali Nariman and Mr. J Navin Sinha
No automatic transfer of winding up proceeding under SICA to NCLT
In a recent judgment delivered by the Hon’ble Supreme Court presided by the division bench of R.F. Nariman J. And M.R. Shah J. dated 12th December 2018 in Jaipur Metals and Electricals Employees Organization v.
Limitation Act will be applicable retrospectively to the I&B Code
The Supreme Court of India in BK Education Services Private Limited vs. Parag Gupta and Associates[1] held that Section 238 A of the Insolvency and Bankruptcy Code (the “Code”), which was inserted pursuant to an
Claims under Non-Invoked Corporate Guarantee has to be admitted under I&B Code
In a landmark judgment[1], National Company Law Appellate Tribunal (“NCLAT”) settled law under Insolvency and Bankruptcy Code 2016 (“IBC”) in respect of claims arising out of counter corporate guarantee and non-invoked guarantee. IBC mandates Resolution
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