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    Strengthening Ties: Singapore Leads The Way For Future Indian Insolvency Cases
    2025-05-07

    This is the story of the first Indian insolvency proceeding to be granted recognition by the Singapore Court under the UNCITRAL Model Law on Cross-Border Insolvency (“Model Law”). This recognition, besides facilitating the challenging cross-border asset recovery, has also opened the doors for deeper insolvency cooperation between India and Singapore.

    Filed under:
    India, Singapore, Insolvency & Restructuring, Litigation, WongPartnership – Restructuring & Insolvency, Know your customer, Tariffs, Insolvency, UNCITRAL, HSBC, Insolvency and Bankruptcy Board of India, Insolvency and Bankruptcy Code (India), National Company Law Tribunal
    Authors:
    Kajal Bhatia
    Location:
    India, Singapore
    Firm:
    WongPartnership – Restructuring & Insolvency
    No Safe Haven: Personal Insolvency cannot shield Cheque Dishonor Offenders
    2025-05-06

    In a recent ruling, the Supreme Court of India in Rakesh Bhanot v. Gurdas Agro Private Limited1 (with connected appeals) (collectively “Appeals”) clarified the scope of the interim moratorium under Section 96 of the Insolvency and Bankruptcy Code, 2016 (“Code”).

    Filed under:
    India, Insolvency & Restructuring, Litigation, Khaitan Legal Associates, Negotiable Instruments Act 1881 (India), Insolvency and Bankruptcy Code (India), Supreme Court of India, National Company Law Tribunal, Financial services corporate
    Authors:
    Sanampreet Singh , Shivani Sharma
    Location:
    India
    Firm:
    Khaitan Legal Associates
    Interest claimed without agreement cannot be included in operational debt
    2025-05-02

    On April 16, 2025, a 3 (three) judge bench of the National Company Law Appellate Tribunal, New Delhi (“NCLAT”) in Shitanshu Bipin Vora vs. Shree Hari Yarns Pvt. Ltd. & Anr. held that clauses of unilateral interest in invoices without a formal agreement, cannot inflate claims of operational debt to meet the threshold of INR 1,00,00,000 (Indian Rupees one crore) under Section 4 of the Insolvency and Bankruptcy Code, 2016 (“IBC”).

    Filed under:
    India, Company & Commercial, Insolvency & Restructuring, Litigation, JSA, Insolvency and Bankruptcy Code (India), National Company Law Tribunal
    Authors:
    Varghese Thomas , Fatema Kachwalla , Virgil Braganza
    Location:
    India
    Firm:
    JSA
    Termination of Lease During CIRP and the Scope of Moratorium under Section 14 of IBC: A Legal Conundrum Revisited
    2025-04-25

    A recent judgment by the Hon’ble National Company Law Appellate Tribunal (NCLAT) has once again brought to light one of the many vulnerabilities in the Insolvency and Bankruptcy Code, 2016 (IBC/Code). The judgment primarily deals with the termination of a lease during the Corporate Insolvency Resolution Process (CIRP) and the effect of the moratorium under Section 14 of the IBC on leasehold properties.

    Filed under:
    India, Insolvency & Restructuring, Litigation, Anhad Law, Insolvency and Bankruptcy Code (India), National Company Law Tribunal
    Authors:
    Dhruv Gandhi , Deepam Rangwani
    Location:
    India
    Firm:
    Anhad Law
    Exemption from filing of certified copy of an order cannot be claimed as a matter of right and benefits under the Limitation Act are available only on an application for certified copy of the order.
    2025-04-24

    Introduction-

    Filed under:
    India, Insolvency & Restructuring, Litigation, Clasis Law, Insolvency and Bankruptcy Code (India), Supreme Court of India, National Company Law Tribunal
    Authors:
    Sidhant Pandita , Sanchita Chamoli
    Location:
    India
    Firm:
    Clasis Law
    Singapore High Court grants first recognition to Indian insolvency proceedings under the UNCITRAL Model Law on Cross-Border Insolvency
    2025-04-22

    In a landmark judgment in Re Compuage Infocom Ltd and Anr., the Singapore High Court (“Singapore HC”) has, for the very first time, recognised a Corporate Insolvency Resolution Process (“CIRP”) initiated under the Indian Insolvency and Bankruptcy Code, 2016 (“IBC”) as a ‘foreign main proceeding’ under the UNCITRAL Model Law on Cross-Border Insolvency (“Model Law”).

    Filed under:
    India, Singapore, Insolvency & Restructuring, Litigation, JSA, Insolvency, Insolvency and Bankruptcy Code (India), Insolvency, Restructuring and Dissolution Act 2018 (Singapore), Insolvency and Bankruptcy Code 2016 (India), National Company Law Tribunal
    Authors:
    Varghese Thomas , Ahsan Allana , Kabir Saund
    Location:
    India, Singapore
    Firm:
    JSA
    Furnishing Record Of Default From Information Utility Not Mandatory For Operational Creditors Under Section 9: NCLT Mumbai
    2025-04-21

    Case Title: Ganesh Ramkisan Rajale v. Panchtatwa Milk Industries Private Limited

    Facts of the Case

    Filed under:
    India, Insolvency & Restructuring, Litigation, R&D Law Chambers, Insolvency and Bankruptcy Board of India, Insolvency and Bankruptcy Code (India), National Company Law Tribunal
    Authors:
    Ravish Bhatt
    Location:
    India
    Firm:
    R&D Law Chambers
    Breach Of Settlement Agreement Not A Bar To Initiating CIRP Under Section 7: Financial Debt Remains Intact, Holds NCLAT
    2025-04-21

    Case:Bahadur Ram Mallah (Ex-Director, Uniworth Textiles Limited) Versus Assets Reconstruction Company (India) Limited and Anr

    Facts of the Case

    ICICI Bank and IFCI Ltd. had sanctioned loan facilities to Uniworth Textiles Ltd. (“UTL”), a company part of the larger Uniworth Group. These loan accounts eventually turned non-performing, and both banks assigned their respective debts to the Asset Reconstruction Company (India) Ltd. (“ARC”) — ICICI's on 31.03.2004 and IFCI’s on 12.01.2007.

    Filed under:
    India, Insolvency & Restructuring, Litigation, R&D Law Chambers, National Company Law Tribunal
    Authors:
    Ravish Bhatt
    Location:
    India
    Firm:
    R&D Law Chambers
    NCLT Mumbai: Advance Payment Received by Corporate Debtor for Future Goods Supply Qualifies as Operational Debt Under IBC.
    2025-04-21

    Case: Armaco Infralinks Pvt. Ltd. Versus B. S. Ispat Pvt. Ltd.

    Facts of the Case

    Armaco Infralinks Pvt. Ltd. (Operational Creditor) advanced ₹17,53,00,000 to B. S. Ispat Pvt. Ltd. (Corporate Debtor) between April 2021 and September 14, 2022, for the supply of coal. However, the Corporate Debtor supplied coal worth only ₹8,45,34,053, leaving an outstanding amount of ₹9,07,65,947.

    Filed under:
    India, Company & Commercial, Insolvency & Restructuring, Litigation, R&D Law Chambers, National Company Law Tribunal
    Authors:
    Ravish Bhatt
    Location:
    India
    Firm:
    R&D Law Chambers
    India's Corporate Insolvency Resolution Process recognised in Singapore for the first time
    2025-04-11

    What you need to know

    Filed under:
    Global, India, Singapore, Insolvency & Restructuring, Litigation, Ashurst, Insolvency, National Company Law Tribunal
    Authors:
    Rob Child , Dawn Tan , Peter Madden , Tristan Teo , Shreya Prakash
    Firm:
    Ashurst

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