Gratuity Dilemma vis-à-vis Liquidation Process under the IB Code
by Akaant Kumar Mittal† and Lavanya Jha††
Cite as: 2021 SCC OnLine Blog Exp 51
Insolvency
Any creditor including Central/State Government or any local authority bound by Resolution Plan approved by adjudicating authority under Section 31(1) IBC: Supreme Court
“On the date of approval of resolution plan by the Adjudicating Authority, all such claims, which are not a part of resolution plan, shall stand extinguished. “
Application under S. 7 or S. 9 IBC is an independent proceeding unaffected by winding up proceedings that may be filed qua the same company; Supreme Court
Supreme Court: The Division Bench of Rohinton Fali Nariman* and B.R. Gavai, JJ., addressed the instant appeal involving the question that whether
Under IBC, NCLT has jurisdiction to adjudicate disputes arising solely on ground of insolvency: Supreme Court
“In all future cases, NCLT would have to be wary of setting aside valid contractual terminations which would merely dilute the value of the corporate debtor, and not push it to its corporate death by virtue of it being the corporate debtor‘s sole contract.”
NCLAT | Is it open to NCLT, while deciding S. 9 IBC application, to pass an order directing parties to go for Arbitration? Appellate Commission explains NCLT’s jurisdiction in such cases
National Company Law Appellate Tribunal (NCLAT): The Division Bench of Justice Bansi Lal Bhat (Acting Chairperson) and Dr Ashok Kumar Mishra (Technical
Bar under Section 10A IBC on initiation of CIRP applies retrospectively; ‘March 25, 2020’ consciously added as it coincides with the imposition of National Lockdown: SC
“The onset of the Covid-19 pandemic is a cataclysmic event which has serious repercussions on the financial health of corporate enterprises.”
Upheld, albeit with directions. Why was IBC (Amendment) Act, 2020 challenged? What prompted SC to invoke Art. 142? Read comprehensive point-wise analysis of the 465-pages judgment
Supreme Court: The 3-Judge Bench of Rohinton Fali Nariman, Navin Sinha and K.M. Joseph, JJ., in a 465-pages long judgment, upheld the
An Overview of the Panel Discussion on”4 Years of IBC – The Revolution Witnessed and the Promise for Future” [Watch the Panel Discussion]
A panel discussion on “4 Years of IBC – The Revolution Witnessed and the Promise for Future” was held on 12th December,
IBBI notifies: Insolvency and Bankruptcy Board of India (Use of Caveats, Limitations, and Disclaimers in Valuation Reports) Guidelines, 2020
Insolvency and Bankruptcy Board of India releases the Insolvency and Bankruptcy Board of India (Use of Caveats, Limitations, and Disclaimers in Valuation
NCLAT upholds NCLT Judgment allowing liquidator to sell company’s assets attached by ED
National Company Law Appellate Tribunal (NCLAT): A Bench comprising of Justice S.J. Mukhopadhaya (Chairperson) and Justice B.L. Bhat (Judicial member) rejected an
The Need to Address Potential Insolvency Issues at the Stage of Contract Negotiation
by Ishaan Madaan* & Prakhar Chauhan**
Lending Banks of Jaypraksah Associates not ‘financial creditors’; SC directs return of mortgaged land to JIL
Supreme Court: The bench of AM Khanwilkar and Dinesh Maheshwari, JJ has restored the NCLT order wherein it was held that the
NCLAT’s order set aside in Essar Steel Insolvency case; Key issues on Corporate Insolvency Resolution Process answered
Supreme Court: The 3-judge bench of RF Nariman, Surya Kant and V. Ramasubramanian, JJ has set aside the NCLAT order dated 04.07.2019
GNLU | Essay Competition, 2019 on Insolvency and Bankruptcy
Reported by Hrithik Khurana
GNLU wins 2nd NLU Delhi Insolvency and Bankruptcy Moot Court Competition, 2018
Reported by Hrithik Khurana
