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    Government Dues under IBC: Rainbow Papers Explained
    2023-11-17

    Rainbow Papers: The Judgment

    In State Tax Officer (1) v. Rainbow Papers Ltd., 2022 SCC OnLine SC 1162 ("Rainbow Papers"), the Supreme Court dealt with the question as to whether the provisions of the Insolvency and Bankruptcy Code, 2016, ("IBC") (specifically Section 53) overrides Section 48 of the Gujarat Value Added Tax Act, 2003 ("GVAT Act").

    Section 48 of the GVAT Act provides as follows.

    Section 48. Tax to be first charge on property:

    Filed under:
    India, Insolvency & Restructuring, Litigation, Tax, Cyril Amarchand Mangaldas, Insolvency and Bankruptcy Board of India, Insolvency and Bankruptcy Code (India), Supreme Court of India, National Company Law Tribunal
    Location:
    India
    Firm:
    Cyril Amarchand Mangaldas
    Stock Broker is a Financial Service Provider - The NCLAT ruling may offer respite
    2023-11-06

    While the Insolvency and Bankruptcy Code, 2016 (“IBC”) provides for insolvency resolution and liquidation of ‘corporate persons’, it excludes ‘financial service provider’ (“FSP(s)”) from the said provision.

    Filed under:
    India, Banking, Company & Commercial, Insolvency & Restructuring, Litigation, Cyril Amarchand Mangaldas, Liquidation, Securities and Exchange Board of India, Insolvency and Bankruptcy Code (India), National Company Law Tribunal
    Authors:
    Abhishek Mukherjee , Monil Chheda , Tushar Kumar
    Location:
    India
    Firm:
    Cyril Amarchand Mangaldas
    Sky is the Actual Limit for IBC? - Exemption from Moratorium over Aircraft Objects during Insolvency
    2023-10-11

    The Ministry of Corporate Affairs (“MCA”) issued a notification on October 03, 2023 under Section 14(3)(a) of the Insolvency and Bankruptcy Code, 2016 (“IBC”), exempting the applicability of moratorium under Section 14(1) of the IBC to transactions, arrangements or agreements under the Cape Town Convention on International Interests in Mobile Equipment (“Convention”) and the Protocol to the Convention on Inte

    Filed under:
    India, Aviation, Insolvency & Restructuring, Litigation, Cyril Amarchand Mangaldas, Insolvency and Bankruptcy Code (India), Delhi High Court, Supreme Court of India
    Authors:
    Dhananjay Kumar , Annie Jain
    Location:
    India
    Firm:
    Cyril Amarchand Mangaldas
    Using Comity in Insolvency - Indian Courts pivot
    2024-05-06

    In a previous

    Filed under:
    India, Insolvency & Restructuring, Litigation, Cyril Amarchand Mangaldas, Insolvency and Bankruptcy Code (India), Supreme Court of India
    Authors:
    Dhananjay Kumar , Samarjit Singh
    Location:
    India
    Firm:
    Cyril Amarchand Mangaldas
    Untangling legal knot: SC’s ruling on “security deposits” as financial or operational debt under IBC
    2024-05-08

    Introduction

    For initiating proceedings under the Insolvency and Bankruptcy Code 2016 (“IBC”), categorisation of a creditor as either a “financial creditor” or an “operational creditor” is a rather significant first step. Such categorisation is not merely organisational, but essential since the rights, obligations and procedural requirements for realisation of debt by financial and operational creditors also differ under the IBC.

    Filed under:
    India, Insolvency & Restructuring, Litigation, Cyril Amarchand Mangaldas, Insolvency and Bankruptcy Code (India), Supreme Court of India
    Authors:
    Vikash Kumar Jha , Namrata Sadhnani
    Location:
    India
    Firm:
    Cyril Amarchand Mangaldas
    The “Ordinary Course of Business” exception in preferential transactions - Deciphering the interpretation methodology
    2024-05-21

    Blog Post:

    Filed under:
    Global, India, Insolvency & Restructuring, Litigation, Cyril Amarchand Mangaldas, Insolvency, UNCITRAL, National Company Law Tribunal
    Authors:
    Abhishek Mukherjee , Monil Chheda
    Location:
    Global, India
    Firm:
    Cyril Amarchand Mangaldas
    Supremacy of the IBC vis-a-vis The Electricity Act [1]
    2023-09-07

    INTRODUCTION:

    In a recent judgement of Paschimanchal Vidyut Vitran Nigam Ltd. v. Raman Ispat Private Ltd. and Ors. (being Civil Appeal No.7976 of 2019), the Hon’ble Supreme Court has held that Section 238 of the Insolvency and Bankruptcy Code, 2016 (“IBC/Code”) overrides the provisions of the Electricity Act, 2003, despite the latter containing two specific provisions being Section 173 and 174 which have overriding effect over all other laws.

    FACTUAL BACKGROUND:

    Filed under:
    India, Company & Commercial, Energy & Natural Resources, Insolvency & Restructuring, Litigation, Cyril Amarchand Mangaldas, Insolvency and Bankruptcy Code (India), Supreme Court of India, National Company Law Tribunal
    Authors:
    Sumit Attri , Satatya Anand , Priyanshu Pandey
    Location:
    India
    Firm:
    Cyril Amarchand Mangaldas
    Course Correction - The Vidarbha judgment clarified
    2023-08-28

    In the blog post titled ‘Vidarbha Aftermath’, the decision of the Supreme Court of India (“Supreme Court”) in Vidarbha Industries Power Limited v. Axis Bank Limited[1] (“Vidarbha”) was discussed and analysed.

    Filed under:
    India, Banking, Insolvency & Restructuring, Litigation, Cyril Amarchand Mangaldas, Insolvency and Bankruptcy Code (India), Supreme Court of India, National Company Law Tribunal
    Authors:
    Sharan Kukreja , Abhijna Somashekara
    Location:
    India
    Firm:
    Cyril Amarchand Mangaldas
    Priority Of Dues Under SARFAESI: Bombay High Court Reiterates
    2023-07-24

    In a significant order passed on June 28, 2023, in the case of Ronak Industries vs.

    Filed under:
    India, Banking, Insolvency & Restructuring, Litigation, Cyril Amarchand Mangaldas, Recovery of Debts and Bankruptcy Act 1993 (India), Insolvency and Bankruptcy Code (India), Bombay High Court, Supreme Court of India
    Authors:
    Indranil D Deshmukh , Saloni Kapadia
    Location:
    India
    Firm:
    Cyril Amarchand Mangaldas
    Treatment of Employees Provident Fund Dues under the IBC
    2023-05-30

    In its recent judgment in State Bank of India vs Moser Baer Karamchari Union[1], the Apex court has reiterated the settled legal position of law pertaining to treatment of Employees’ provident fund, pension fund and gratuity Fund (“EPF Dues”) under the Insolvency and Bankruptcy Code, 2016 (“Code”).

    Filed under:
    India, Employment & Labor, Insolvency & Restructuring, Litigation, Cyril Amarchand Mangaldas, Insolvency, Insolvency and Bankruptcy Code (India)
    Authors:
    Sumit Attri , Satatya Anand , Shrey Singh
    Location:
    India
    Firm:
    Cyril Amarchand Mangaldas

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