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Initiation of insolvency proceedings against personal guarantors: Indian courts freeze Anil Ambani’s assets

Initiation of insolvency proceedings against personal guarantors: Indian courts freeze Anil Ambani’s assets

by Neerav Merchant | Sep 10, 2020 | Authored by Neerav Merchant, Insolvency and Restructuring

On November 15, 2019, the Indian government notified the commencement of Part III of the Insolvency and Bankruptcy Code, 2016 (IBC), which provides for the insolvency resolution process for individuals and partnership firms.  The relevant provisions in so far as they...

RBI revises framework for resolution of stressed assets

by Majmudar & Partners | Jun 12, 2019 | Insolvency and Restructuring

On April 2, 2019, India’s Supreme Court (the “SC”) quashed the Reserve Bank of India’s (the “RBI”) consolidated framework for resolution of stressed assets (the “2018 Framework”) as being ultra vires the RBI’s powers under the Banking Regulation Act, 1949 (the...

India’s Supreme Court allows registered trade unions to file application as operational creditors on behalf of members

by Majmudar & Partners | May 20, 2019 | Insolvency and Restructuring

In a recent ruling, the Supreme Court (the “SC”) resolved a long-standing dispute between JK Jute Mill Mazdoor Morcha (the “Union”) and Juggilal Kamlapat Jute Mills Company Limited (the “Debtor”) by allowing registered trade unions to initiate insolvency proceedings...

India’s Supreme Court allows disqualified resolution applicants to cure ineligibility

by Majmudar & Partners | Nov 1, 2018 | Insolvency and Restructuring

Under India’s Insolvency and Bankruptcy Code, 2016 (the “Code”), a potential bidder (who has been party to or caused the indebtedness and insolvency of a company) can be disqualified from bidding for and submitting a resolution plan to rehabilitate the company.  The...

Supreme Court refuses to entertain insolvency petition on account of pending arbitration

by Majmudar & Partners | Sep 27, 2018 | Disputes and Arbitration, Insolvency and Restructuring

Introduction In a recent judgment in the case of K. Kishan v. Vijay Nirman Company Pvt. Ltd., India’s Supreme Court (the “Supreme Court”) has examined whether an insolvency process can be put into operation when there is a pending proceeding challenging an arbitral...
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