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    The Delhi High Court Sheds Light on Section 32A of the Insolvency and Bankruptcy Code, 2016
    2024-09-04

    Recently, the High Court of Delhi, reinforced the application of Section 32A of the Insolvency and Bankruptcy Code, 2016 (“IBC“). Section 32A of the IBC states that the liability of a corporate debtor (“CD“) for an offence committed prior to commencement of the corporate insolvency resolution process (“CIRP”) shall cease and the CD shall not be prosecuted for such an offence from the date the resolution plan (“Plan“) has been approved by the adjudicating authority (“AA”).

    Filed under:
    India, Insolvency & Restructuring, Litigation, Obhan & Associates, Anti-money laundering, State Bank of India, Punjab National Bank, Insolvency and Bankruptcy Code (India), Delhi High Court, National Company Law Tribunal, Construction & engineering
    Authors:
    Ashima Obhan , Akanksha Dua
    Location:
    India
    Firm:
    Obhan & Associates
    Dispute Resolution Legal Milestones | Trilegal Quarterly Roundup Jul-Sep 2023
    2023-10-27

    The original version of this article was first published in the Trilegal Quarterly Roundup 

    Key Developments

    1. Supreme Court clarifies that under Insolvency and Bankruptcy Code, 2016, creditors hold priority over government dues

    Filed under:
    India, Arbitration & ADR, Insolvency & Restructuring, Litigation, Trilegal, Insolvency and Bankruptcy Code (India), Delhi High Court, Bombay High Court, Supreme Court of India
    Authors:
    Mohit Rohatgi , Ashwini Tak , Karan Trehan
    Location:
    India
    Firm:
    Trilegal
    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
    Interim moratorium under the Insolvency and Bankruptcy Code 2016 will impact the pending proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 despite secured lender having possession of the asset
    2024-07-25

    On July 2, 2024, the Hon’ble Delhi High Court (“Delhi HC”), in the case of Sanjay Dhingra vs.

    Filed under:
    India, Insolvency & Restructuring, Litigation, JSA, Delhi High Court, National Company Law Tribunal, Financial services banks, Financial services corporate
    Authors:
    Varghese Thomas , Ahsan Allana , Shaan Bhatt
    Location:
    India
    Firm:
    JSA
    Aircraft Lessors Hope for a Smoother Runway Under New Bill
    2023-09-11

    This article was first published on India Business Law Journal on 11 September 2023.

    Filed under:
    India, Aviation, Insolvency & Restructuring, Litigation, Bharucha & Partners, Civil aviation, Ministry of Civil Aviation (India), Insolvency and Bankruptcy Code (India), Delhi High Court, National Company Law Tribunal
    Authors:
    Sudeshna Guha Roy
    Location:
    India
    Firm:
    Bharucha & Partners
    Section 9 of the IBC cannot be invoked to execute an arbitral award during the pendency of an 'appeal' under Section 34 of the Arbitration Act
    2023-07-25

    The National Company Law Appellate Tribunal at Chennai (“NCLAT”) has in M/s. KK Ropeways Limited v. M/s Billion Smiles Hospitality Private Limited1inter alia held that an arbitral award cannot be enforced under Section 9 of the Insolvency and Bankruptcy Code, 2016 (“IBC”) when a challenge under Section 34 of the Arbitration and Conciliation Act, 1996 (“Arbitration Act”) has been preferred against such an award.

    Brief Facts

    Filed under:
    India, Arbitration & ADR, Insolvency & Restructuring, Litigation, JSA, Arbitration and Conciliation Act 1996 (India), Insolvency and Bankruptcy Code (India), Delhi High Court, National Company Law Tribunal
    Authors:
    Farhad Sorabjee , Shanaya Cyrus Irani , Siddhesh S Pradhan , Meher J. Mistri
    Location:
    India
    Firm:
    JSA
    Bombay High Court holds that mere pendency of a Section 7 application under IBC does not bar appointment of an arbitrator under Section 11 of the Arbitration Act
    2023-07-07

    A single bench of the High Court of Bombay (“Bombay HC”) in Sunflag Iron & Steel Co. Ltd. v. M/s Poonamchand & Sons has held that appointment of an arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996 (“ArbitrationAct”) cannot be prevented on account of initiation of proceedings under Section 7 of the Insolvency and Bankruptcy Code, 2016 (“IBC”).

    Brief Facts

    Filed under:
    India, Arbitration & ADR, Insolvency & Restructuring, Litigation, JSA, Arbitration and Conciliation Act 1996 (India), Insolvency and Bankruptcy Code (India), Delhi High Court, Bombay High Court, National Company Law Tribunal
    Authors:
    Farhad Sorabjee , Pratik Pawar , Ananya Verma
    Location:
    India
    Firm:
    JSA
    ‘The Debtor Shall Seek the Creditor’
    2023-06-20

    Introduction and background 

    Filed under:
    India, Banking, Insolvency & Restructuring, Litigation, Khaitan & Co, Delhi High Court
    Authors:
    Thriyambak J. Kannan , Hareepriya Narasimhan , Aditya Mukerjee
    Location:
    India
    Firm:
    Khaitan & Co
    Dispute Resolution Legal Milestones | Trilegal Quarterly Roundup Jan-Mar 2023
    2023-05-18

    The original version of this article was first published in the Trilegal Quarterly Roundup.

    Key Developments

    1. Delhi High Court pierces the corporate veil to make non-parties to an arbitration liable for the arbitral award

    Filed under:
    India, Arbitration & ADR, Company & Commercial, Insolvency & Restructuring, Litigation, Trilegal, Alter ego/piercing the corporate veil, Delhi High Court
    Authors:
    Mohit Rohatgi , Lisa Mishra , Pragya Prakash
    Location:
    India
    Firm:
    Trilegal
    A rehabilitation scheme sanctioned under Sick Industrial Companies Act, 1985 binds all creditors: Supreme Court
    2023-05-18

    The appeal challenged an order (“Impugned Order“) passed by the Delhi High Court in a writ petition (“Writ“) filed by Singer. Vide the Impugned Order, the Division Bench of the High Court had referred the Writ to a larger bench as it doubted the correctness of the judgment in Continental Carbon India Ltd. v. Modi Rubber Ltd., 2012 (131) DRJ 291 (DB) (“Modi Rubber”).

    Filed under:
    India, Company & Commercial, Insolvency & Restructuring, Litigation, JSA, Delhi High Court, Supreme Court of India
    Authors:
    Amar Gupta , Divyam Agarwal , Pranav Tanwar
    Location:
    India
    Firm:
    JSA

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