Tag: Insolvency and Bankruptcy Code 2016

Recently, the Supreme Court in the decision of Arun Kumar Jagatramka v. Jindal Steel and Power Ltd. & Anr (“Arun Kumar Decision”) examined the interplay between liquidation proceedings under the Insolvency and Bankruptcy Code, 2016 (“IBC”) and Section 230 of the Companies Act, 2013 (“Act”). The issue before the Supreme Court was to decide whether a person ineligible to submit resolution plan under Section 29A of the IBC is barred from proposing a scheme under Section 230 of the Act. ......

On March 10, 2021, the Arbitration and Conciliation (Amendment) Act, 2021 ("Amendment Act") gained Parliamentary assent and is deemed to have come into force on November 04, 2020, thereby replacing the Arbitration and Conciliation (Amendment) Ordinance, 2020 promulgated by the President of India on November 04, 2020, which we wrote on here. As elucidated upon in the statement of objects and reasons, the Amendment Act has sought to address the issue of corrupt practices in securing contracts or arbitral awards. ......

It is safe to say that the Insolvency and Bankruptcy Code, 2016 ("IBC" or "Code") and the regime it has spawned, has effected a complete turnaround in the way insolvency and liquidation proceedings were dealt with in India. The IBC has quickly become the preferred route for creditors and debtors alike, with stakeholders lauding the efficiency of the Code. ......

In a recent order issued by the National Company Law Appellate Tribunal ("NCLAT") in the case of Sushil Ansal Vs. Ashok Tripathi , the NCLAT has held that a decree-holder cannot be treated as a financial creditor for the purpose of triggering insolvency proceedings against a company. ......

The insolvency of Jaypee Infratech Limited (JIL) and the fate of its various stakeholders, including distressed home buyers, has occupied space on our screens for years on end now, The JIL insolvency has required a careful unravelling of various entangled matters and has in this process, become a touchstone to test the resilience and sturdiness of the Insolvency and Bankruptcy Code introduced in 2016 (the "Code" or "IBC")....