Bankruptcy Code – Vinod Kothari Consultants

Out-and-Out Ouster of Ineligible Persons- Liquidation Amendment Regulations, 2020 enact Discussion Paper proposals

January 8, 2020/0 Comments/in Case laws, Insolvency and Bankruptcy Code, NCLAT Cases, NCLAT Rulings, UPDATES /by Staff Publication

-Megha Mittal (resolution@vinodkothari.com) The Insolvency and Bankruptcy Board of India (“IBBI”/ “Board”) vide Notification No. IBBI/2019-20/GN/REG053, dated 06.01.2020, introduced the IBBI (Liquidation Process) (Amendment) Regulations, 2020 (“Amendment Regulations”) w.e.f. the same day. In what seems to be an adaptation of the ideas proposed in the Discussion Paper dated 03.11.2019[1], the Amendment Regulations seem to have […]

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LIMITATION ON ROLE OF ADJUDICATING AUTHORITY

December 31, 2019/0 Comments/in Case laws, Insolvency and Bankruptcy Code, Schemes and arrangements, mergers, de-mergers /by Staff Publication

-Richa Saraf (resolution@vinodkothari.com) It is a well settled principle that a writ petition may be entertained by the High Courts only in absence of any efficacious alternate remedy. However, one of the exceptions to the said rule is where there is lack of jurisdiction on the part of the statutory/ quasi- judicial authority, against whose […]

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Cross-breeding of entities concluded impractically; NCLAT sets aside NCLT

December 16, 2019/0 Comments/in Case laws, Companies Act 2013, Corporate Laws, NCLAT, NCLAT Cases, NCLAT Rulings, NCLT, NCLT Case Laws /by Staff Publication

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Insolvency and Bankruptcy Code (Second Amendment) Bill, 2019 Quick review of Proposed Amendments

December 13, 2019/0 Comments/in Insolvency and Bankruptcy Code, resolution plan /by Staff Publication

Megha Mittal (resolution@vinodkothari.com) Amidst the lingering need to fill in certain critical gaps to ensure streamlining of corporate insolvency resolution process (“CIRP”), the Cabinet on 10.12.2019 approved the Insolvency and Bankruptcy (Second Amendment) Bill, 2019 (“Amendment Bill”)[1] further to amend the Insolvency and Bankruptcy Code, 2016 (“Code”), which is now pending approval by the Houses. […]

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Ablution by Resolution

December 12, 2019/0 Comments/in Insolvency and Bankruptcy Code /by Staff Publication

The Insolvency and Bankruptcy Code (Second Amendment) Bill, 2019 seeks to wash out liability of corporate debtors resolved under IBC -Sikha Bansal (resolution@vinodkothari.com) Resolution under the Insolvency and Bankruptcy Code, 2016 (‘Code’) is a harbinger of fresh start of the corporate debtor, which passes into the control of a new management by the very […]

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Vinod Kumar Kothari

Resolution (Insolvency & Bankruptcy)

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IBC: Ushering in New Era

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Out-and-Out Ouster of Ineligible Persons- Liquidation Amendment Regulations, 2020 enact Discussion Paper proposals

LIMITATION ON ROLE OF ADJUDICATING AUTHORITY

Cross-breeding of entities concluded impractically; NCLAT sets aside NCLT

Insolvency and Bankruptcy Code (Second Amendment) Bill, 2019 Quick review of Proposed Amendments