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The outstanding being of more than 2 years prior to CIRP commencement date will not fall under the purview of Section 43 of the IBC – Sidharth Bharatbhushan Jain and Ors. Vs. State Bank of India and Ors. – NCLAT New Delhi

In terms of Section 31 of IBC, all demands raised against the Corporate Debtor pertaining to the period prior to the Resolution Plan effective date stand automatically extinguished in terms of approved Resolution Plan – Orissa Manganese & Minerals Ltd. Vs. State of Odisha and Ors. – Orissa High Court

Order passed under Section 45A of ESI Act, 1948 by the ESI Dept. during CIRP for recovery of the claimed amount is in violation of Section 14 of the Code – Saurabh Chawla RP Harig Chankshaft Ltd. Vs. Employee State Insurance Corporation – NCLT Allahabad Bench

The process of settlement u/s 230 of the Companies Act with the Corporate Debtor during liquidation is still not completed, claim of the Applicant can be very well be considered – Pradeep Kumar Keshari Vs. Devendra Arora, Liquidator of UP Infraestate Pvt. Ltd. – NCLT Allahabad Bench

It is the only duty of the promoter to execute Agreement to Sale, not the duty of the allottee to seek the Agreement to Sale executed | Interest on refund cannot be denied on the ground that no Agreement to Sale was executed between the Allottee and Promoter – Renu Singhal Vs. Indian Railway Welfare Organisation – Rajasthan REAT

Can unregistered MoU be treated as agreement for sale and Section 18 of RERA be invoked? | Will provisions of RERA Act will prevail over Arbitration and Conciliation Act, 1996? | Can delays in the granting of permissions/ sanctions from various competent authorities, litigations in the court be construed as force majeure? – Ashok Sayaji Dhatrak Vs. Rashmi Realty Builders Pvt. Ltd. and Ors. – Maharashtra REAT

There is no express provision in RERA Act, 2016 by which the promoter is entitled to deduct amount on account of cancellation of booking by allottee or promoter – Rajeshwari Ramesh Pillai and Anr. Vs. Aishwarya Avant Builders LLP – Maharashtra REAT

A writ petition under Article 226 of the Constitution of India against a private entity is not maintainable – Swati Thakre Vs. The State of Madhya Pradesh and Ors. – Madhya Pradesh High Court

Whether non-compliance of Section 18(2) of the Micro, Small and Medium Enterprises Development Act, 2006 (MSMED Act) would vitiate an award passed? | Is the provision of Section 18 a mandatory provision? – Deccan Power Products Pvt. Ltd. Vs. Hyderabad Metro Water Supply and Sewarage Board and Ors. – Telangana High Court

The period of limitation to file an application under Section 11(6) of the Arbitration and Conciliation Act, 1996 seeking appointment of arbitrator is three years from the date of refusal to appoint the arbitrator or on expiry of thirty days from the date of service of notice – Shah & Company Vs. Jammu & Kashmir Power Development Corporation and Ors. – Jammu & Kashmir and Ladakh High Court

Benefit of exclusion of period (under Section 4 of the Limitation Act) during which Court is closed is available only when application for setting aside the award under Section 34 of the Arbitration and Conciliation Act, 1996 is filed within “prescribed period of limitation” – National Highway Authority of India Vs. Muni Lal and Ors. – Himachal Pradesh High Court

The pendency of a SARFAESI proceedings cannot be a bar for invocation of the arbitral clause in the agreement | Both the proceedings can be parallelly taken up – Cholamandalam Investments and Finance Company Ltd. Vs. Ram Nath Agarwal Radhey Lal and Ors. – Madras High Court

A Tenant relying on an un-registered rent agreement cannot challenged an order passed by Chief Judicial Magistrate u/s 14 of the SARFAESI Act, 2002 | There is no mandatory requirement to hear the Borrower or Guarantor at the time of passing of order u/s 14 – Shampa Basak Vs. Poonawalla Fincorp Ltd. – DRAT Kolkata

Order passed by District Magistrate under Section 14 of SARFAESI Act, 2002 cannot be challenged on the ground that a civil suit for partition of Secured Asset between family is pending before Civil Court – Smt. Navneets Agarwal Vs. State Bank of India and Ors. – DRAT Kolkata

A scope of review under CPC is much larger than the scope of review under DRT (Procedure) Rules, 1993 – State Bank of India and Anr. Vs. Shri Bihariji Cold Rollers Pvt. Ltd. and Ors. – DRAT Kolkata

Change in the terms of settlement between Borrower and Bank is beyond the jurisdiction of the DRT – State Bank of India and Ors. Vs. Smt. Sanjukta Debta – DRAT Kolkata

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Our Expert Team analyse judgments and prepare case heading as well as complete summary of judgments with reference of original judgment paras to make it easy for your analysis & reading (instead of reading long pages judgment in PDF).
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Chapter	Topic	Content
CH-2: General & Definitions
		Short Note on Insolvency and Bankruptcy Code, 2016 (IBC, 2016)
		Dispute and Existence of a Dispute
		Operational Debt and Operational Creditor
		Persons who may initiate Corporate Insolvency Resolution Process(CIRP)
		Analysis provisions of Limitation Act, 1963 with respect to Insolvency and Bankruptcy Code, 2016
CH-3: CIRP
	Topic-1 : CIRP Application & Withdrawal
		Analysis of Minimum amount of default under Section 4 of IBC
		Procedure of filing application by Financial Creditor before NCLT under Section 7 of the IBC
		Procedure of filing application by Operational Creditor before NCLT under Section 8 & 9 of the IBC
		Initiation of CIRP by corporate applicant under Section 10 of the IBC
		Analysis of withdrawal of CIRP proceeding pursuant to settlement under Section 12A of Insolvency and Bankruptcy Code, 2016 (IBC)
	Topic-2 : Declaration of moratorium and public announcement
		Declaration of moratorium and public announcement [Section 13, 14 & 15 of the IBC]
		All about the Moratorium under Section 14 of the Insolvency and Bankruptcy Code, 2016 including judicial pronouncements
	Topic-3 : Appointment and tenure of IRP & RP
		Appointment and tenure of Interim Resolution Professional and Resolution Professional [Section 16, 22 & 27 of the IBC]
		Role of an Interim Resolution Professional and Resolution Professional
	Topic-4 : Management of affairs by IRP
	Topic-5 : Receive and collate all the claims submitted by creditors
	Topic-6 : Committee of creditors and meetings
		Constitution of Committee of Creditors under Section 21 of IBC
		Role of Committee of Creditors & It’s Commercial Wisdom
		Analysis of provisions on Authorised Representative under IBC
		Meetings & Voting of the Committee of Creditors under Section 24 of the IBC
	Topic-7 : RP to conduct the CIRP and manage the operations
		Resolution Professional to conduct the CIRP and manage the operations of the Corporate Debtor
		Insolvency Resolution Process Costs & Essential supplies
		To identify preferential transactions under Sec. 43 of the Code in any CIRP, step to be taken by a Resolution Professional
	Topic-8 : CIRP and Resolution Plan
		Information Memorandum, Expression of Interest, Request for Resolution Plans & Resolution Plans
		Role of the prospective resolution applicant
		Persons not eligible to be Resolution Applicant [Sec. 29A of IBC]
		Submission and approval of the Resolution Plan
		Liability for prior offences under Section 32A of the IBC
CH-4 : Liquidation Process
	Topic-1 : Initiation of Liquidation
	Topic-2 : Appointment & Remuneration of Liquidator
		Appointment & Remuneration of Liquidator under Sec. 34 of IBC
		Powers and duties of Liquidator under Sec. 35, 37 of IBC
	Topic-3: Liquidation Estate
	Topic-4: Public announcement, Preliminary report, Early dissolution and Progress reports under Liquidation
	Topic-5: Claims under Liquidation
	Topic-6: Preferential, undervalued and Extortionate Credit Transactions
		Preferential, Undervalued and Extortionate Credit Transactions under Sec. 43, 44, 45, 46, 47, 48, 49, 50, 51 of IBC
		To identify preferential transactions under Sec. 43 of the Code in any CIRP, step to be taken by a Resolution Professional
	Topic-7: Secured Creditor in Liquidation Proceedings
	Topic-8: Realisation of Assets in Liquidation Proceedings
	Topic-9: Proceeds of Liquidation and Distribution of Proceeds
CH-5 : Personal Guarantor
		Chapter VIII Indemnity and Guarantee of Indian Contract Act, 1872
		All about Personal Guarantor under IBC Part-I
		All about Personal Guarantor under IBC Part-II
		Insolvency Resolution Process Regulation
		Bankruptcy Process for PG Regulation
		IRP Application to AA Rules
		Bankruptcy Process Application to AA Rules

Why Read Full judgment, when IBC Laws provides Case Summary?

Sector-Specific Legal Research

with Faster Platform

Case Summary

Extra Search Option

Quick Results with Extensive Coverage

Time & Accuracy

Welcome to India's #1 Sector Specific dedicated Platform

For your legal analysis and research

Our Modules

We focus on Sector specific Research

Insolvency Laws

Debt Recovery (SARFAESI & RDB)

Negotiable Instruments Act

Company Laws

RERA

Arbitration/ ADR/ MSME Laws

IBC Laws® India's #1 Platform exclusively on

Quick Links

All about Default, Dispute & Debt Resolution

Recent Judgments

Subscription & Features

A NEW way to read judgments

Case Summary and headnotes

Multiple parameters provide more relevant results ...

Extra Search & Filter Functions

Quick result....

Advanced Key Words Search Function

Our Reporting....

Reporting Structure

We work to make your practice hassle free

OnePage Dashboard

Up2date....

Legal Contents

All in One Package [All-in-One]

Get complete solution in one package:

Not only reporting....

Keep you up-to-date

Our Subscribers

We stand out because

India’s Leading Insolvency Platform

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Webinars in association with IBC Laws®

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Don't just take our words for it. See what experts are saying.

Testimonials

Why IBC Laws

Five points to reply “Why IBC Laws”

5 Reasons to choose us

What we offer

Business Strategy

Investment Plan

Business Idea

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Any Questions?

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