Vinod Kumar Kothari

By Richa Saraf (resolution@vinodkothari.com) Introduction In a recent case of Dr. Vishnu Kumar Agarwal v. M/s. Piramal Enterprises Ltd.[1] Company Appeal (AT) (Insolvency) No. 346 of 2018, the NCLAT has held that an application for initiation of corporate insolvency resolution process for same very claim/debt is not permissible. Now, consider a situation where Company A […]

Supreme Court rules on the power of abstinence By Nitu Poddar (resolution@vinodkothari.com) Background A financial creditor who is present at the CoC meeting but neither says yes, nor says no, and therefore, remains neutral by abstaining to vote, will still hold as much strength as the CoC member who says no. This is emerging from […]