Entries by Vinod Kothari Consultants

Mandatory impleadment of MCA as a Respondent- Principal Bench issues direction to all NCLTs

-Megha Mittal (mittal@vinodkothari.com) In its recent order dated 22.11.2019, the Hon’ble National Company Law Tribunal, Principal Bench at New Delhi (“Principal Bench”), in the matter of Oriental Bank of Commerce v. Sikka Papers Ltd. & Ors.[1], has directed that the Ministry of Corporate Affairs (MCA) be made party to all applications filed under the Insolvency […]

Overview on IBC, 2016

Resolution Division (resolution@vinodkothari.com) Three years down the lane, the Insolvency and Bankruptcy Code, 2016 has been undoubtedly accredited worldwide for changing the dynamics of dealing with insolvency in India. In light of the developments, both judicial and technical, the Code, as it stands today is very different from what it was back in 2016; the […]

Restriction on Sharing of Information

(Personal, Sensitive and Biometric Information) Legal Division (legal@vinodkothari.com) Introduction: Information surround us and is generally captured in virtually everything we do. While some of the information are shared voluntarily; some are disseminated without an express consent, i.e. every time we do a google search, while we try to book a flight, or even when we […]

Personal Guarantors under IBC

–Resolution Division (resolution@vinodkothari.com) The Ministry of Corporate Affairs, vide notification dated 15.11.2019, notified sections 94-187 , read with section 60 of the Insolvency and Bankruptcy Code, 2016, along with rules & regulations dealing with insolvency resolution and bankruptcy process for non-corporate insolvency, insofar as they relate to personal guarantors to corporate debtors. Our presentation on insolvency and bankruptcy […]