- Asia
- Automobile
- Bangladesh
- Banking
- Biological Inventions
- bLAWgathon
- Brand Valuation
- Business
- Company Law
- Competition Law
- Constitutional Law
- Consumer Law
- Copyright
- Copyright Infringement
- Copyright Litigation
- Corporate Law
- Counterfeiting
- Covid
- Design
- Digital Media
- Digital Right Management
- Educational Conferences/ Seminar
- Fashion Law
- GDPR
- GIg Economy
- Hi Tech Patent Commercialisation
- Hi Tech Patent Litigation
- IBC
- India
- Indonesia
- Intellectual Property
- Intellectual Property Protection
- IP Commercialization
- IP Licensing
- IP Litigation
- IP Practice in India
- IPAB
- IPAB Decisions
- Khadi Industries
- labour Law
- Legal Issues
- Licensing
- Media & Entertainment Law
- Myanmar
- NCLT
- NEPAL
- News & Updates
- Online Gaming
- Patent Act
- Patent Commercialisation
- Patent Fess
- Patent Filing
- patent infringement
- Patent Licensing
- Patent Litigation
- Patent Marketing
- Patent Opposition
- Patent Rule Amendment
- Patents
- pharma
- Pharma- biotech- Patent Commercialisation
- Pharma/Biotech Patent Litigations
- Pollution
- Protection of SMEs
- Section 3(D)
- Signapore
- Social Media
- Sports Law
- Stock Exchange
- TAX
- Technology
- Telecom Law
- Telecommunications
- Thailand
- Trademark
- Trademark Infringement
- Trademark Litigation
- UAE
- Uncategorized
- USPTO
- Vietnam
The Relevancy of ‘Waterfall Mechanism’ in 2022 under IBC
INTRODUCTION: The lawmakers designed the Insolvency and Bankruptcy Code, 2016 (‘IBC’) to provide an adequate legal framework for timely resolution of Insolvency and Bankruptcy and recovery. The Preamble of the Code states the purpose for which the said Code is enacted. The Code is ever-evolving through a series of case laws, and the Judiciary interprets … Continue reading The Relevancy of ‘Waterfall Mechanism’ in 2022 under IBC
Read more »Settling an incertitude conundrum: Whether the Adjudicating Authority is mandated to admit the application under Section 7 of the IBC without considering the extraneous matters involved?
Introduction To start a Corporate Insolvency Resolution (CIRP) against a Corporate Debtor, the Financial Debtor must file an application before the Adjudicating Authority under Section 7 of the Insolvency & Bankruptcy Code (IBC). The highlight of this section is that the Adjudicating Authority, after admitting the application, shall give an order within seven days of … Continue reading Settling an incertitude conundrum: Whether the Adjudicating Authority is mandated to admit the application under Section 7 of the IBC without considering the extraneous matters involved?
Read more »Discretionary power of the Adjudicating Authority to reject CIRP applications under Section 7(5)(a) of the IBC
The National Company Law Tribunal and the National Company Law Appellate Tribunal has traditionally held that it is mandatory for the Corporate Insolvency Resolution Process(CIRP) to be initiated once the existence of a debt has been established under Section 7(5) of the Insolvency and Bankruptcy Code, 2016. There was no separate interpretation of Section 7(5) … Continue reading Discretionary power of the Adjudicating Authority to reject CIRP applications under Section 7(5)(a) of the IBC
Read more »Jet Airways: An Insolvency Resolution Journey
Jet Airways, which started off as an air taxi operator in 1993 and became a scheduled carrier in 1995, has been under insolvency for two years after it shut operations in April 2019 under a heavy debt. Jet Airways is the first Indian carrier/airline to undergo insolvency proceedings under the Cross Border Insolvency Protocol along with … Continue reading Jet Airways: An Insolvency Resolution Journey
Read more »TATA Consultancy Services Limitedv.Vishal Ghisulal Jain, Resolution Professional, SkWheels Private Limited
(Supreme Court of India) Civil Appeal No 3045 of 2020 The appeal stemmed from a ruling given on June 24, 2020 by the National Company Law Appellate Tribunal (“NCLAT”). The NCLAT affirmed an interim order issued by the National Company Law Tribunal (“NCLT” or “Adjudicating Authority”) on December 18, 2019, preventing the appellant from terminating … Continue reading TATA Consultancy Services Limitedv.Vishal Ghisulal Jain, Resolution Professional, SkWheels Private Limited
Read more »Scope Of NCLT & NCLAT’s Powers Under Section 7 Of IBC, 2016
INTRODUCTION The NCLT was established under Section 408 of the Companies Act, 2013 18 of 2013 w.e.f 01st June 2016 to exercise and discharge all duties and functions conferred on it by or under this Act or any other law in force at the time. The IBC’s institutional foundation called for the creation of a … Continue reading Scope Of NCLT & NCLAT’s Powers Under Section 7 Of IBC, 2016
Read more »IBC (Insolvency and Bankruptcy Code, 2016) – The Bankruptcy Law of India
It is better to have one codified legislation than multiple to deal with the aspects of a company which can have a singular umbrella. This is the exact rationale for the existence of The Insolvency and Bankruptcy Code in India which has been into effect since 2016. IBC came into being repealing SICA (Sick Industrial … Continue reading IBC (Insolvency and Bankruptcy Code, 2016) – The Bankruptcy Law of India
Read more »Amtek Auto Ltd. Restarts Insolvency Proceedings- Did Liberty House escape the Liability?
IBC encompasses the provision of an early insolvency process, the process for insolvency of a company which can be initiated at the time when an alarm is raised as to the default in repayment of loans by the Company. The provision is a boon to the creditors as they can claim for a resolution for … Continue reading Amtek Auto Ltd. Restarts Insolvency Proceedings- Did Liberty House escape the Liability?
Read more »