top of page
Search


IBC Amendments to Permit Partial Asset Sales and Grant 120-Day Second Opportunity for Revival Before Liquidation
The proposed IBC amendments aim to strengthen revival mechanisms by permitting partial asset sales and granting insolvency tribunals a 120-day second opportunity for resolution after the expiry of the 330-day statutory limit, thereby prioritising business continuity over liquidation.
Aug 162 min read


Bombay High Court: DRT Has Exclusive Jurisdiction Over Recovery Suits After NBFC-Bank Amalgamation, Purposive Interpretation of S.31 Applied
The Bombay High Court held that, after the amalgamation of a non-banking financial company with a bank, the Debt Recovery Tribunal has exclusive jurisdiction over pending recovery suits, applying a purposive interpretation of Section 31 of the RDB Act.
Aug 143 min read


Supreme Court Strikes Down NCLAT Order for Entertaining Time-Barred and Defectively Filed Appeal Without Certified Copy
The Supreme Court ruled that under the IBC, the limitation for filing an appeal before the NCLAT starts from the date of pronouncement of the NCLT order, and that appeals filed without a certified copy or timely condonation are defective and time-barred.
Aug 133 min read


NCLAT Confirms Three-Year Limitation for Section 95 IBC Applications from Recovery Certificate Date, Upholding Dismissal of Time-Barred Claims
NCLAT has reaffirmed that Section 95 IBC applications must be filed within three years from the issuance of the recovery certificate, under Article 137 of the Limitation Act, and that the twelve-year limitation for suits does not apply to insolvency matters.
Aug 123 min read


NCLAT Upholds CoC’s Discretion to Forego Swiss Challenge, Validates Resolution Plan Approval
The NCLAT reaffirmed the absolute discretion of the Committee of Creditors to adopt or forego the Swiss Challenge Mechanism under the IBC and RFRP, validating its non-justiciable commercial approval of a compliant resolution plan.
Aug 123 min read
bottom of page