MONTHLY NEWSLETTER ARBITRATION Rajiv Gaddh v. Subodh Parkash Civil Appeal No. of 2026(@ SLP (C) No. 4430 of 2025) M/s. MCM Worldwide Private Limited v. M/s. Construction Industry Development Council Civil Appeal No. of 2026 (@ SLP (C) No. 33075 of 2025) CIVIL LAW Reliance Eminent Trading and Commercial Private Limited v. Delhi Development Authority, Civil Appeal No. of 2026 (Arising Out of S.L.P. (Civil) No. 22100 of 2025) State Bank of India v. Amit Iron Private Limited and Others, Civil Appeal Nos. 4243-4244 of 2026 (@ Special Leave Petition (C) Nos.
On 30th March 2026, the Lok Sabha passed the Insolvency and Bankruptcy Code (Amendment) Bill, 2025 which was subsequently enforced on 6th April 2026. The Amendment Act of 2026 seeks to introduce reform measures to address practical challenges within the system and develop Indian insolvency law in line with global best practices. The amendment includes a host of measures aimed at reducing delays, strengthening creditor empowerment and creating a more investor-friendly framework.
The Insolvency and Bankruptcy Code, 2016 (“IBC”) is intended to be sector agnostic and to provide a uniform framework for corporate insolvency resolution and liquidation for diverse businesses regardless of their industry sector. Nevertheless, there are challenges under the IBC framework for companies operating in certain industries, owing in large part to the nature of their value generating assets and the sector specific regulations governing their industry.
1. INTRODUCTION
The Insolvency and Bankruptcy Code (Amendment) Act, 2026 (the "AmendmentAct"), represents the most sweeping reform of India's insolvency regime since the enactment of the Insolvency and Bankruptcy Code, 2016 (the "Principal Code").
I. INTRODUCTION
April 07, 2026 The Insolvency and Bankruptcy Code (Amendment) Act, 2026 The Amendment Bill has now been approved by the Parliament post the report of the Select Committee as the Insolvency and Bankruptcy Code (Amendment) Act, 2026 (Act). Once in effect, the Act makes significant amendments to the Insolvency and Bankruptcy Code, 2016 (IBC) introducing several new concepts and tweaking existing concepts in light of difficulties faced to make the IBC more efficient. This note sets out a summary of the key changes. A. Corporate Insolvency 1.
The Supreme Court of India (“Supreme Court”) in Ujaas Energy Limited vs. West Bengal Power Development Corporation Limited1 held that while claims not forming part of an approved resolution plan stand extinguished, a limited right to raise the defence of a set off in respect of such claim may still survive, depending on the terms of the resolution plan and in the facts and circumstances of each case.
The Insolvency and Bankruptcy Board of India released the Report of the Committee on Framing Guidelines for Insolvency Proceedings in the Real Estate Sector, pursuant to directions of the Supreme Court of India in the case of Mansi Brar Fernandes v. Shubha Sharma & Ors., (December 12, 2025). The Court emphasized the need to prioritise project completion and protect homebuyer interests, consistent with broader constitutional principles, including the right to shelter under Article 21.