With this article, the author aims to analyse the approach of the Adjudicating Authority and the appellate forums in determining the minimum amount to be paid to the secured Dissenting Financial Creditors, the issues involved with their reasoning, and suggest an approach synchronous to the spirit of the Code.
The code does not, in entirety, answer the question of whether contracts with the corporate debtor can be terminated during the CIRP and does not provide a blanket bar on the same. In the absence of an explicit clause on the subject, Indian courts have stepped in with their own interpretation of sub-sections of Section 14, primarily prohibiting third parties from ending contractual relationships with the debtor since it would have a negative impact on them and so go against the spirit of the mortarium itself.
A comprehensive analysis on security interest under IBC.
In this article, the author critically analyses the current decision, and the mechanism of adjudication of avoidance applications under IBC.
In this article, Section I discusses what are NPAs and what are the factors which have led to the high level of NPAs in the economy. Section II discusses the idea of a bad bank. Section III discusses why bad bank is not a viable option for India. Lastly, Section IV discusses the measures which can be taken to resolve the NPAs instead of setting up a bad bank.
In this brief article, we would be going through the introduction of concept of charge, jurisprudence evolved with respect to Subordinate Charge, and why such concept should be clarified by Insolvency and Bankruptcy Board of India (“IBBI”).
In this post, the author argues that the challenge based on the selective application of the provisions of IBC does not hold water.