In Roseland Buildtech Private Limited vs.
Under the Insolvency and Bankruptcy Code, 2016 (“IBC”),the approval of a resolution plan under Section 31 of the IBC is statutorily binding on the corporate debtor, its creditors, and other stakeholders to the restructured arrangement embodied in the plan.
Introduction
Introduction
Introduction
Introduction
The Insolvency and Bankruptcy Code, 2016 (“IBC”) which came into force on December 1, 2016, marked a decisive shift in India’s approach to insolvency and its resolution.
The Supreme Court of India ('Court') in UV Asset Reconstruction Company Limited v. Electrosteel Castings Limited, Civil Appeal No. 9701/2024, has delivered a critical judgment clarifying the legal boundaries between a Deed of Undertaking and a Contract of Guarantee under Section 126 of the Indian Contract Act, 1872 (‘Act’). The Court's decision underscores that mere commercial nomenclature and internal funding arrangements do not satisfy the rigorous legal requirements of a guarantee.
Factual Background
The Hon’ble Supreme Court, in its recent judgment, examined two (2) important issues under the Insolvency and Bankruptcy Code, 2016 (“IBC”). The first concerned the parameters governing the admission of a real estate project into the Corporate Insolvency Resolution Process (“CIRP”), while the second related to the locus standi of a homebuyers’ association or society seeking to intervene or participate in insolvency proceedings against the developer.
r 1 //./ r 2 Capital Market 06 Dispute Resolution 11 Fintech 19 International Trade/ WTO 26 Ministry of Corporate Affairs (MCA) 31 Restructuring and Insolvency 43 Sports and Gaming 51 White Collar Crime 03 Competition Law 09 Employment Law 17 Infrastructure and Energy 24 Media and entertainment 30 RBI & FEMA 41 RERA 48 Technology 55 r 3 SEBI CONSULTATION PAPER ON THE CONSOLIDATION OF FPI/DDP MASTER CIRCULAR (5 DECEMBER 2025) On 5 December 2025, SEBI released a consultation paper proposing a comprehensive consolidation and modernisation of the Master Circular governing Foreign Po