Category: IBC-Case Laws-Supreme Court

The clean slate principle – The Successful Resolution Applicant cannot be insisted to pay the arrears payable by the Corporate Debtor for the grant of an electricity connection in her/his name – Tata Power Western Odisha Distribution Ltd. (TPWODL) & Anr. Vs. Jagannath Sponge Pvt. Ltd. Director – Supreme Court

Posted by IBC Laws Editoron September 25, 2023September 24, 2023in IBC-Case Laws-Supreme Court, Newsletter-IBC Case

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The documents being balance sheets and settlement offers relating to acknowledgement claiming benefit of Section 18 of Limitation Act, 1963 could be accepted even at the appellate stage – Axis Bank Ltd. Vs. Naren Sheth & Anr. – Supreme Court

Posted by IBC Laws Editoron September 15, 2023September 14, 2023in IBC-Case Laws-Supreme Court, Newsletter-IBC Case

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Can a claim filed at a belated stage, after the resolution plan has been approved by the CoC be admitted by the Resolution Professional – RPS Infrastructure Ltd. Vs. Mukul Kumar & Anr. – Supreme Court

Posted by IBC Laws Editoron September 12, 2023September 11, 2023in IBC-Case Laws-Supreme Court, Newsletter-IBC Case

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Merely because Liquidator has the discretion of carrying out multiple auction it does not necessarily imply that he would abandon or cancel a valid auction fetching a reasonable price and opt for another round of auction process with the expectation of a better price – Eva Agro Feeds Pvt. Ltd. Vs. Punjab National Bank and Anr. – Supreme Court

Posted by IBC Laws Editoron September 7, 2023September 7, 2023in IBC-Case Laws-Supreme Court, Newsletter-IBC Case

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Whether the claim of a secured creditor has precedence over the right of the customs authorities to recover the customs duty – Industrial Development Bank of India Vs. Superintendent of Central Excise and Customs and Others – Supreme Court

Posted by IBC Laws Editoron August 25, 2023August 24, 2023in Case Laws-SARFAESI-Supreme Court, Companies Act-Supreme Court, IBC-Case Laws-Supreme Court, Newsletter-IBC Case

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No Constitutional Court can issue a writ of mandamus to a legislature to enact a law on a particular subject in a particular manner – Union of India & Ors. Vs. K. Pushpavanam & Ors. – Supreme Court

Posted by IBC Laws Editoron August 17, 2023September 11, 2023in Arbitration-Supreme Court, Case Laws-NI-Supreme Court, Case Laws-SARFAESI-Supreme Court, CCA-Commercial Courts Act Case Laws (High Court &Supreme Court), Common Interpretation judgment, Companies Act-Supreme Court, IBC-Case Laws-Supreme Court, Indian International Arbitration Centre Act Case Laws(High Court &Supreme Court), Newsletter-Arbitration, Newsletter-IBC Case

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Summary of landmark judgment of Supreme Court in Committee of Creditors of Essar Steel India Limited vs Satish Kumar Gupta & Ors., in Insolvency and Bankruptcy Code, 2016

Posted by IBC Lawson August 3, 2023August 23, 2023in IBC-Case Laws-Supreme Court, PDF/ Print Option Disable1 Comment

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Supreme Court upholds the view taken by the Five Judges Bench of the NCLAT on the power to Review and Recall the judgment – Union Bank of India Vs. Financial Creditors of M/s. Amtek Auto Ltd. & Ors. – Supreme Court

Posted by IBC Laws Editoron August 2, 2023August 1, 2023in IBC-Case Laws-Supreme Court, Newsletter-IBC Case

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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