Introduction-

Introduction

The Insolvency and Bankruptcy Board of India (IBBI) has released a discussion paper aimed at gathering feedback on specific challenges within the Corporate Insolvency Resolution Process (CIRP). In this discussion paper, IBBI has suggested amendments to the IBBI (Insolvency Resolution Process for Corporate Persons) Regulations, 2016 (CIRP Regulations) with a view to address the identified challenges and enhance the effectiveness and efficiency of the CIRP. Set out below is a summary of some of the proposed key amendments:

Stamp duty implications are required to be assessed carefully for restructuring plan involving merger, demerger or slump sale. Even if the court/tribunal approved restructuring schemes are tax neutral, it may not necessarily avoid the stamp duty implications.

Facts:

Quite recently, a Division Bench of the Hon’ble High Court of Delhi in Tata Steel BSL Limited v. Venus Recruiter Private Limited & Ors., LPA 37/2021, dated 13.01.2023, inter alia, determined, ‘Whether applications for avoidance of preferential transactions can be moved and heard by the Adjudicatory Authority (“AA”) after it has approved the resolution plan of a corporate debtor undergoing corporate insolvency resolution process (“CIRP”)?’

Quite recently, the Hon’ble Supreme Court in Sabarmati Gas Ltd. v.

Recently, the Hon'ble High Court of Delhi (“High Court”) caused yet another bend in the meandering interplay between the Insolvency and Bankruptcy Code, 2016 (“IBC”) and the Prevention of Money Laundering Act, 2002 (“PMLA”). The High Court held that a moratorium imposed under Section 14 of the IBC (“Section 14”) will not preclude the Enforcement Directorate (“ED”) from attaching properties under Sections 5 and 8 of the PMLA.

FACTS

The Hon’ble Supreme Court has recently upheld a Judgement of the Division Bench of Tripura High Court in the case of Sri Subhankar Bhowmik vs Union of India(1) wherein it was held that a Decree Holder cannot be treated at par with Financial Creditors in a Corporate Insolvency Resolution Process (CIRP) initiated under the Insolvency and Bankruptcy Code, 2016 (Code).

Quite recently, a two Judges’ bench of the Hon’ble Apex Court in Indian Overseas Bank v. M/s. RCM Infrastructure Ltd. & Anr., Civil Appeal No. 4750/2021 (dated 18.05.2022), inter alia, determined on the issue of applicability of provisions under Section 14 of the Insolvency and Bankruptcy Code, 2016/ IBC/ Code to a proceeding initiated in terms of the SARFAESI Act, in particular, auction sale.