INSIGHTS

Introduction For a long time, the Indian real estate market has been tormented by unfinished housing projects, delays, and financial difficulties, which have left thousands of homebuyers frustrated. The Insolvency and Bankruptcy Code, 2016 (IBC) established a comprehensive and time-bound framework for resolving corporate insolvency while balancing stakeholder interests and optimizing asset value. However, its application to the real estate business has shown serious flaws, es

Introduction In certain circumstances, there is a peculiar risk in giving a hammer to a person who needs a scalpel. The Insolvency and Bankruptcy Code, 2016, intended as a surgical scalpel to help resolve financial distress issues, has repeatedly been used as a heavy hammer of commercial pressure. Recently, in a case decided in May 2026, namely Dhanlaxmi Bank Ltd. v. Mohammed Javed Sultan & Ors., the Supreme Court of India was yet again forced to trace that line which does no