How the Government’s approach towards IBC will affect the Stakeholders – Deciphering the recent announcements by the Finance Minister – By Aakash Batra

Critical Analysis of the policy reforms regarding IBC sector announced by the Finance Minister as a part of "Atmanirbhar Bharat Yojana" in the 5th tranche of the economic stimulus package announced by the government. The article intends to analyse the impact of these announcements on various stakeholders and Indian Economy. The author has deciphered the approach of the government and the ambiguities in these announcements while commenting on the same.

Dilution of Section 29A IBC – Outside Funding of Real Estate Companies By Kunwar Surya Pratap & Akshay Sharma

The Insolvency and Bankruptcy Code has a chequered history inasmuch as resolution of Real Estate Companies are concerned. The same gets reinforced by few recent decisions of the National Company Law Appellate Tribunal, which effectively dilutes the mandate of Section 29A of the Code. This article attempts to analyse the same and propose a way forward.

Stressed Assets Resolution in India: Present and Future- By CS Anchal Jindal & Adv. Vaibhav Gupta

In the event that in the mean time ban on new filings of indebtedness in India can be glanced in a positive way, then this transitory space and time could be used to enhance the legal executive structure with melange of technology in the systems, working out more on qualitative regulations to remove existing glitches in the framework, upgradation of aptitude, skills and practice of the insolvency practitioners to make sure that with two steps backward on restructuring front today, India makes an extraordinary hop in restructuring and turnaround space tomorrow and subsequently rises out as one of the major restructuring hub of Asia. To make Indian insolvency framework robust with passing time and to provide fairly and squarely solution to every issue in distress market, following reforms are quintessential and may land up soon in Indian’s distressed asset market.

No fresh insolvency cases for a year: A narrow escape for companies – By Advocate Kajal Bhatia

No doubt IBC is considered as a landmark reform by the government as a measure by companies to recover its lost glory and continue as a going concern, but the much-relieved scheme will result in a slew of IBC cases flooding the court's post-1-year window. Also, due to deterioration in the business valuations, by the time a 1-year window will be lifted, the valuation would have dropped considerably and may not be in sync with the earlier reports and nobody would be in a condition to pay more than the current valuation. Hence, the creditors to effectuate their claims will resort to Summary suits under Order XXXVII of the Code of Civil Procedure, 1908 (CPC), or a commercial suit under Commercial Court Act, 2015, or a civil suit and few may also take recourse under the Companies Act, 2016 for winding up of the companies or the SARFESI Act, 2002.

Video conference session of the Indian Court: A first-hand experience- By Adv. Amrita Jain (CS)

I had the privilege to attend one of my matters before the National Company Law Tribunal, Bengaluru via video conference. Though it was overwhelming to have the matter listed, in the prevailing difficult times, the experience wasn’t all that beautiful.

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