Vishrutyi Sahni

NCLAT: Interest accrued during the suspension period under Section 10A not to be excluded while calculating the claim threshold under IBC

16 October 2023

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India

Amendments to the Corporate Insolvency Resolution Process

16 October 2023

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India

NCLAT: A written financial contract is not mandatory to prove the existence of financial debt under the IBC

16 October 2023

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India

NCLAT: Realization of certain monies after invocation does not change the ‘date of default’ to a subsequent date when the corporate debtor may have defaulted on repayment of the adjusted amount

16 October 2023

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India

NCLAT: A corporate guarantor cannot be absolved from its liability only because the guarantee is not invoked

14 June 2024

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India

Supreme Court: The classification of “financial debt” and “operational debt” under IBC can only be determined upon ascertaining the real nature of the transaction.

30 May 2024

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India

NCLAT: Creditors of erstwhile developer can initiate CIRP against the successful auction purchaser and such initiation does not preclude them from filing claims in the CIRP of the current developer

17 April 2024

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India

NCLAT: Adjudicating Authority can extend payment timelines in a resolution plan without the concurrence of the CoC

17 April 2024

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India

Supreme Court holds that revised resolution plan cannot be approved by the Adjudicating Authority without being placed before the Committee of Creditors

26 May 2023

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India

The adjudication of an avoidance application under the IBC can survive the CIRP of a corporate debtor

22 February 2023

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India