Tag Archives: debtor

Commercial wisdom of CoC is not subject to adjudicating authority purview: SC

In a landmark ruling, the Supreme Court of India clarified that commercial wisdom of the committee of creditors is not subject to the adjudicating authority or the appellate authority’s purview under the Insolvency and Bankruptcy Code. “The NCLAT judgment which … 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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NBFCs regulations revised: RBI

The Reserve Bank of India has revised regulations for non-banking finance companies (NBFCs). http://goo.gl/nd1bGf

Posted in Banking Law, Company Law, Contract Law, FDI, General Law, Income Tax Law, International Law, Notifications/Publications/Circulars | Tagged , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , | Leave a comment