Tag Archives: creditor

Homebuyers are Financial Creditors under Insolvency Code: SC

The Supreme Court of India recently upheld the amendments made to the Insolvency and Bankruptcy Code in 2018 (“Code”) to treat homebuyers as financial creditors. The Court said that the original provisions concerning Financial Creditors under the Code always subsumed … Continue reading

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Award can be enforced where assets are located: SC

The Supreme Court of India recently clarified that the enforcement of an arbitration award through its execution can be filed anywhere in the country where the assets of the judgment debtor are located. “The enforcement of an award through its … Continue reading

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IBBI strengthens its Due Diligence Framework under IB Code, 2016: Govt.

Insolvency and Bankruptcy Board of India (IBBI) has amended its Corporate Insolvency Resolution Process Regulations to ensure that as part of due diligence, prior to approval of a Resolution Plan, the antecedents, credit worthiness and credibility of a Resolution Applicant, … Continue reading

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Limitation Act not applicable to Insolvency Code: NCLAT

The National Company Law Appellate Tribunal recently ruled that the Limitation Act, 1963 is not applicable to the Insolvency & Bankruptcy Code, 2016 (“I&B Code”) as the latter is not a code for recovery of money claim, rather it relates … Continue reading

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IBBI notifies Fast Track Insolvency Resolution Process

The Insolvency and Bankruptcy Board of India (IBBI), in exercise of its powers conferred by sections 58, 196 and 208 read with section 240 of the Insolvency and Bankruptcy Code, 2016 (Code), has notified the Insolvency and Bankruptcy Board of … Continue reading

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Notifications & Circulars issued by RBI are of statutory nature: BHC

The Bombay High Court recently held that notifications and circulars issued by the Reserve Bank of India are of statutory nature and therefore binding on all concerned parties. The Court said that the banking companies cannot act as per their … Continue reading

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Sub clause (a) Sec 2(1)(o) SARFAESI Act violates Article 14: GHC

Declaring sub clause (a) of Section 2(1)(o) of The Securitisation And Reconstruction Of Financial Assets And Enforcement Of Security Interest Act, 2002 (“Act”) as discriminatory, a Division Bench of the Gujarat High Court recently ruled that creditors should not be … Continue reading

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