Dheeraj Nair | Global Insolvency

NCLAT: Creditors of erstwhile developer can initiate CIRP against the successful auction purchaser and such initiation does not preclude them from filing claims in the CIRP of the current developer

17 April 2024

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India

NCLAT: Adjudicating Authority can extend payment timelines in a resolution plan without the concurrence of the CoC

17 April 2024

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India

Supreme Court holds that revised resolution plan cannot be approved by the Adjudicating Authority without being placed before the Committee of Creditors

26 May 2023

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India

Supreme Court: Dues under the SARFAESI Act will prevail over MSMED Act

22 February 2023

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India

NCLAT: Bank guarantees (including advance bank guarantees) can be invoked even during the period of moratorium under Section 14 of the IBC

22 February 2023

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India

The adjudication of an avoidance application under the IBC can survive the CIRP of a corporate debtor

22 February 2023

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India

Delhi High Court: Interim moratorium under Section 96, IBC applies to all debts of the personal guarantor, however, the moratorium is limited to a particular guarantor and cannot protect co-guarantors of the same debt

02 December 2022

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India

NCLAT: Financial creditor can maintain an application under Section 7 of the IBC which is only relating to the interest component due, without the principal amount becoming due and payable

05 December 2022

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India

Bombay High Court: Under SARFAESI and RDDB Act, claims of secured creditors would take priority over the dues of taxing/revenue authorities during the enforcement of security interest.

07 October 2022

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India

NCLAT: Claims arising from the grant of an exclusive right and license to use intellectual property rights constitute an ‘operational debt’ under the IBC

07 October 2022

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India