Under the Insolvency and Bankruptcy Code, 2016 (Code), if a corporate debtor is unable to pay its debts, then insolvency resolution proceedings (CIRP) may be initiated against the corporate debtor and attempts are made to revive the corporate debtor by inviting resolution plans. If the revival process fails, the corporate debtor must be liquidated.
In a recent order passed by the National Company Law Appellate Tribunal, Principal Bench, New Delhi (“NCLAT”) in Somesh Choudhary v Knight Riders Sports Private Limited & Anr. under Company Appeal (AT) Insolvency No.
Introduction
A. INTRODUCTION
On August 3, 2022, a division bench of the Hon’ble Bombay High Court (“High Court”) comprising of Justice K.R. Shriram, and Justice A.S. Doctor in the case of Phoenix ARC Pvt. Ltd. & Anr. v.
Since the enactment of the Insolvency and Bankruptcy Code in 2016 (“IBC, 2016), the judiciary has been very active in settling disputes and addressing the gaps arising from this controversial legislation. Recently, yet another dispute arising out of a technical gap in the IBC has been resolved by the Apex Court in the case of M/s Consolidated Construction Consortium Limited v. M/s Hitro Energy Solutions Private Limited.1
Brief facts of the case
Mani Gupta, Aman Choudhary and Saumya Upadhyay, Sarthak Advocates & Solicitors
This is an extract from the 2023 edition of GRR's The Asia-Pacific Restructuring Review. The whole publication is available here.
In summary
INTRODUCTION
The Hon’ble Delhi High Court vide its order dated May 13, 2022, in Millennium Education Foundation Vs Educomp Infrastructure And School Management Limited, has held that the mere pendency of an insolvency petition under Section 9 of the Insolvency and Bankruptcy Code, 2016 is not a bar for appointment of Arbitrator under the Arbitration and Conciliation Act, 1996.
The National Company Law Tribunal, Chennai Bench vide its order dated April 25, 2022 in Mr. N. Kumar v. Tata Capital Housing Finance Ltd.1 held that the project-wise Corporate Insolvency Resolution Process of a real estate company is outside the purview of the Insolvency and Bankruptcy Code, 2016 (IBC).
Brief facts of the case