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Rights Of Homebuyers Under The IBC

The Insolvency and Bankruptcy Code, 2016 ('IBC'), as originally enacted, did not provide adequate protection and recognition of the interests of Homebuyers in real estate projects. While the Homebuy...

NCLT/NCLAT Should Not Sit In Appeal Over Commercial Wisdom Of CoC To Allow Withdrawal Of CIRP : Supreme Court

The Supreme Court, on Friday, held that when 90% or more of the creditors decide that it will be in the interest of all the stake­holders to permit Settlement Plan filed by promoter of the...

CBIC Issues SOP for NCLT Cases In Respect Of The IBC

Salary During Notice Period Does Not Fall Within The Definition Of 'Operational Debt' Under IBC: NCLT, Mumbai

IBC AND RBI Guidelines Are 'Disjoint Sets', "There Is No Question Of One Prevailing Over The Other": NCLT Kolkata Dismisses Application Filed By SREI Ex Promoter Hemant Kanoria

Section 18 Limitation Act Is Applicable To IBC Proceedings, Reiterates Supreme Court

All Related Proceedings Stand Discharged, Settled, Abated, & Extinguished On Approval Of Resolution Plan: Gujarat High Court

S. 44 IBC NCLT Doesn't Have The Power To Suo-Moto Classify A Transaction As A 'Preferential Transaction': NCLAT

Mere Pendency Of An Insolvency Petition Is Not A Bar To The Appointment Of The Arbitrator: Delhi High Court

Look Back Period Under Section 46 Not Applicable To Section 66 Under Insolvency And Bankruptcy Code, 2016: NCLAT

Weekly Digest Of IBC Cases: April 18th To April 24th, 2022

Corporate Debtor Cannot Be Sent Into Liquidation Just Because Liquidation Value Is More Than The Value Of The Resolution Plan: NCLT Kolkata

NCLT, Delhi Declares Supertech As Insolvent And Appoints IRP

Failure To Reply To Demand Notice U/S 8(1) Within 10 Days Does Not Preclude The Corporate Debtor From Raising The Existence Of A Dispute In A S. 9 Application: NCLAT, New Delhi

Proceedings U/S 95 Of The IBC Shall Abate On Death Of The Personal Guarantor: NCLT, New Delhi

Whether Claim Of License Fee For Use And Occupation Of Immovable Premises Is An Operational Debt U/S 5(21), IBC? : NCLAT Refers To Larger Bench To Consider

Decree Holders As Creditors Under The IBC - Need For Clarity

Suspended Board of Directors Has No Power To Replace RP Under IBC: NCLAT, Chennai

Personal Guarantors Of NBFC/FSC Cannot Be Proceeded Against Unless Threshold Of Rs. 500 Cr Is Satisfied: NCLT, Jaipur

Initiation of CIRP Not Mandatory For Maintainability Of An Application Against Personal Guarantors U/S 95, IBC: NCLT, Kochi