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Record Maintenance and Reporting Standards in CIRP

Record Maintenance and Reporting Standards in CIRP

Raja Sharma

Record retention and Reporting Standards in CIRP (corporate insolvency resolution process ) to ensure transparency, accountability, and facilitate the resolution of disputes. It provides a comprehensive record of the CIRP, including the interim resolution professional’s (IRP) or resolution professional’s (RP) actions, creditor information, and other relevant documents. This important documentation is essential for audits, litigation, […]

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Cross-claims and Set-offs in the insolvency process

Cross-claims and Set-offs in the insolvency process

Raja Sharma

Set off is a right that allows a debtor to reduce or discharge a debt they owe to another party by offsetting a debt that the other party owes to them. In simpler terms, it is a mutual cancellation of debts. The Code of Civil Procedure recognises legal and equitable Set-offs in the insolvency process […]

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The Role of Parliament in Refining IBC Framework

The Role of Parliament in Refining IBC Framework

Raja Sharma

The Parliament in Refining IBC, the main law governing insolvency and bankruptcy proceedings in India, in 2016. This means that the Parliament is the body that created the legal framework for the IBC. It was passed to address inefficiencies in existing laws and objectives of time-bound resolution, asset value maximization, and entrepreneurship promotion. The IBC […]

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Comparative Analysis of IBC and Insolvency Law UK

Comparative Analysis of IBC and Insolvency Law UK

Raja Sharma

Explore a detailed analysis of IBC and Insolvency Law UK, comparing key provisions, legal procedures, and their impact on debt resolution and corporate restructuring. India’s Insolvency Framework: It was enacted in India to consolidate and streamline the existing framework for handling insolvency and bankruptcy proceedings. The IBC replaced several previously fragmented laws and introduced a […]

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Assessment of Social Impact in Insolvency Cases

Assessment of Social Impact in Insolvency Cases

Raja Sharma

Social Impact in Insolvency Cases is a process of evaluating and managing the social consequences of a company’s insolvency or bankruptcy. It helps understand the ripple effects on employees, families, communities, and other stakeholders. Thus, it ensures a more comprehensive approach to insolvency resolution. In insolvency cases, SIA helps to ensure that the resolution process […]

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NCLT Journey from Admission to Withdrawal under IBC

NCLT Journey from Admission to Withdrawal under IBC

Raja Sharma

To facilitate settlements and allow for the withdrawal of insolvency applications, even after they have been admitted, was introduced by the Insolvency and Bankruptcy (Second Amendment) Act, 2018. Under the Insolvency and Bankruptcy Code, 2016 (“the IBC”), admission to withdrawal is governed by Section 12A. The primary reason for this amendment was to address a […]

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Resolving the Conundrum Surrounding Applicability of Moratorium

Resolving the Conundrum Surrounding Applicability of Moratorium

Raja Sharma

The primary objective of the Insolvency and Bankruptcy Code, 2016 (“the IBC”) is to resolve the financial issues of the corporate debtor in a timely manner so as to maximise the value of its assets. To do so, once the insolvency process is initiated under the IBC, a “ Applicability of Moratorium” is declared under […]

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Scrutinizing the Status of Settlement Agreements Under the IBC

Scrutinizing the Status of Settlement Agreements Under the IBC

Raja Sharma

Settlement Agreements Under the IBC are generally recognised and enforceable. Breaching a settlement agreement can have consequences, and the specific remedies available depend on whether the breach occurred before or after the initiation of the corporate insolvency resolution process (CIRP). This article looks into the status of settlement agreements under the IBC in detail. Legal […]

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NCLAT Verdict Interplay Between Arbitration and Insolvency

NCLAT Verdict Interplay Between Arbitration and Insolvency

Raja Sharma

The National Company Law Appellate Tribunal (NCLAT), Chennai Bench in KK Ropeways Limited v. Billion Smiles Hospitality has significant implications for the Interplay Between Arbitration and Insolvency. The central question addressed by the NCLAT was whether a petition filed under section 9 of the Insolvency and Bankruptcy Code, 2016 (“the IBC”) for the implementation of […]

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Supreme Court Rulings on Insolvency Cases

Supreme Court Rulings on Insolvency Cases

Raja Sharma

Competition law and insolvency law are intertwined. Competition law ensures fair market practices during insolvency proceedings, preventing anti-competitive outcomes. Insolvency law prioritises reviving financially distressed companies, while competition law aims to prevent market distortions. This involves scrutinizing resolution plans to ensure they do not lead to anticompetitive arrangements, such as debt settlements or joint ventures, […]

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Preserving the IBC’s rationale: The Tussle with the Benami Act

Preserving the IBC’s rationale: The Tussle with the Benami Act

Raja Sharma

Bankruptcy Code, 2016 (“the IBC”) are distinct laws that can intersect in situations involving benami property transactions within the context of insolvency proceedings. While there is no inherent conflict, the IBC’s moratorium provisions can potentially impact such attachments made under the Tussle with the Benami Act, and the liquidator has the authority to include benami […]

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IBC Overrides Electricity Act: Capturing the Fallacy in Rainbow Papers

IBC Overrides Electricity Act: Capturing the Fallacy in Rainbow Papers

Raja Sharma

On 17th July, 2023, the Hon’ble Supreme Court delivered its judgment in Paschimanchal Vidyut Vitran Nigam Ltd. v. Raman Ispat Pvt. Ltd., establishing that the Insolvency and Bankruptcy Code, 2016 (“the IBC”) takes precedence over the Electricity Act, 2003 (“the Electricity Act”). This means that secured creditors, including those with claims under the IBC Overrides […]

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