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    Treatment of delayed filing of claims and amendment of 2023 - A corrective step forward
    2023-12-15

    1. Introduction 

    Filed under:
    India, Insolvency & Restructuring, Litigation, INDUSLAW, Insolvency, National Company Law Tribunal
    Authors:
    Sushmita Gandhi , Anamika Singh
    Location:
    India
    Firm:
    INDUSLAW
    Hon’ble Supreme Court upholds constitutionality of section 95 to section 100 of the IBC relating to personal guarantors
    2023-12-06

    1. INTRODUCTION

    On 9 November 2023, a three-judge bench of the Hon’ble Supreme Court comprising of the Hon’ble Chief Justice of India DY Chandrachud, Justice JB Pardiwala and Justice Manoj Misra, while disposing off over 350 writ petitions, in Dilip B. Jiwarajka v. Union of India and Ors. 1 , upheld the constitutional validity of several key provisions [Section 95 to Section 100] of the Insolvency and Bankruptcy Code, 2016 (Code) pertaining to the insolvency resolution process for individuals and partnership firms.

    Filed under:
    India, Insolvency & Restructuring, Litigation, INDUSLAW, Insolvency and Bankruptcy Code (India), Supreme Court of India
    Authors:
    Padmaja Kaul , Kushagra Sah
    Location:
    India
    Firm:
    INDUSLAW
    Liquidation preference - a downside protection
    2023-10-04

    1. INTRODUCTION A liquidation preference right is a preferential right provided to financial investors, generally to secure their equity finance investments. Such a right (in its various forms) is generally provided irrespective of the stage of investment (be it a preliminary seed round of funding, or a growth stage funding round). What may differ is the manner of liquidation preference provided to the right holders.

    Filed under:
    India, Company & Commercial, Insolvency & Restructuring, INDUSLAW, Liquidation
    Location:
    India
    Firm:
    INDUSLAW
    RERA Dossier | Volume 2: January 2022-March 2022
    2022-11-18

    This dossier (“Dossier”) intends to be a one stop guide to keep

    our readers abreast with the significant judgements, orders,

    circulars, and directions passed in relation to the Real Estate

    (Regulation and Development) Act, 2016 (“the Act”) and the

    rules thereunder which are beneficial for all the stakeholders

    of this ever-expanding industry. Volume 2 of the Dossier is a

    compilation of all the impactful judgments/orders passed in the

    first quarter of the year 2022, i.e., from January 2022 to March

    Filed under:
    India, Insolvency & Restructuring, Litigation, Real Estate, INDUSLAW, Insolvency and Bankruptcy Code (India)
    Location:
    India
    Firm:
    INDUSLAW
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