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In this episode, Mr Bendi Raviteja touches upon the contentious issue of interest portion of operational debt highlighting the contradictory rulings of the NCLTs in India.

It is still a matter of debate as to whether NCLT or DRT exercises jurisdiction for initiation of Insolvency Resolution Process or Bankruptcy Process against the Personal Guarantor to the Corporate Debtor when there is no pending CIRP or Liquidation Process against such Corporate Debtor. In this episode Mr Kunwarpreet Singh, Partner at Prakul & Kunwarpreet LLP (P&K) explains the current po...

The Hon'ble NCLT, Principal Bench in the matter of UKG Steel Private Limited Vs. M/s. Erotic Buildcon Private Limited held that loan advanced by Financial Creditor in violation of Section 186 of Companies Act, 2013 leads to a debt which cannot be legally enforceable and thereby dismissed the CIRP Application filed under Section 7 of IBC, 2016. Mr Yashraj Singh summarised the order and its rational...

In this episode, Mr Raymond Albyness discusses an interesting ruling by NCLT, Chennai wherein the Hon'ble NCLT invoked its powers under Section 66 of the Insolvency and Bankruptcy Code, 2016 for contravention of moratorium.

Mr Divyansh Dev delved into the ingredients of Section 32A of the Insolvency and Bankruptcy Code, 2016 which provides for immunity from any criminal prosecution against the Corporate Debtor and protection to the properties of the Corporate Debtor for the offences committed before the Insolvency Commencement Date.  Keep listening to VListen! If VListen... We Learn!

The Indian Variant of Pre-Packs is designed specifically for MSMEs and there are certain key areas which need focused discussion. In our special episode we had the privilege of hosting Ms. Shreya Prakash who shared her views on the key issues highlighted by VL team.  Keep Listening to VListen. If VListen... We Learn!

The issue on whether limiting the application of provisions of Part-III to Personal Guarantors to Corporate Debtor is valid, has come to a conclusion with the recent order of the Hon'ble Supreme Court in Lalit Kumar Jain vs. UoI & Ors. Listen to our Podcast for the case study on Lalit Kumar Jain vs. UoI & Ors.

Does the proposal of the Resolution Applicant to change the business of the Corporate Debtor fail the feasibility and viability test under the Code? What exactly is "feasibility and viability"?  To know more on this, listen to this episode by Aditya.

In this Episode, Mr Vineeth attempts to address an important issue as to whether PF dues are considered as Statutory Dues i.e. Operational Debt or as third-party assets which have super priority charge over the estate of the Corporate Debtor? 

In this episode, we will take you through a significant ruling by the Hon'ble Supreme Court clarifying the issue as to whether minimum payment payable to Dissenting Financial Creditors shall be in cash or monetary terms or in any other manner apart from cash?

In a recent ruling of NCLAT in the matter of Indian Renewable Energy Development Agency Ltd. Vs. Bhuvesh Maheshwari and Ors., it was observed that in the event the Secured Creditor holding priority charge elects to relinquish its security interest then the priority status of such secured creditor is lost and shall rank equally with other Secured Creditors. The Podcast attempts to capture the exist...

In the instant case, the Hon'ble Supreme Court addressed an important issue as to whether inherent powers of the High Court u/s 482 Cr. P.C. can countenance the breach of a statuary provision? In this podcast, Mr Bendi Raviteja will take you through the facts of the case and the rationale behind the ruling of SC.

The Hon'ble Supreme Court of India, in the matter of ARCIL vs. Bishal Jaiswal & Anr., after referring to a plethora of judgements, ruled that the entries in balance sheet shall be regarded as Acknowledgement of Debt for the purpose of Section 18 of the Limitation Act, 1963 read with Section 7 & 9 of the IBC, 2016 for initiation of CIRP. In this Podcast Mr Vakiti Vineeth Reddy explained the rationa...

The Hon'ble NCLAT in the matter of GUVNL vs. Yes Bank directed GUVNL not to terminate the PPA during Liquidation on the ground that Beneficial Liquidation aimed at maximising the value of assets of the Corporate Debtor is the norm of IBC which cannot be defeated. Listen to this Podcast by Vineeth, to learn the facts and the rationale behind such order. Keep Listening to VListen! If VListen... We L...

The impact of COVID-19 can be felt across various sectors in the Indian economy leading to stress in large number of businesses in India and thereby indicating a spike in cases under IBC once the suspension is shifted. In this week's podcast, CA Vibhor Gupta analyses the performance of various sectors in India like that of Aviation, Tourism, Real Estate etc. under COVID-19 environment.

The Hon'ble Supreme Court in the matter of Arcelor Mittal India Pvt. Ltd. vs. Satish Kumar Gupta, pronounced a landmark ruling on the interpretation of Section 29A of the Insolvency and Bankruptcy Code, 2016. In this podcast, Mr Ojas Pimparkar discusses in detail the facts of the case and the rationale behind the Supreme Court's Ruling.

In this episode, Mr Vineeth Reddy deliberates on the challenges in the interplay between IBC and Limitation Act.

In this podcast we discuss the Supreme Court's Verdict on the payment of AGR dues by Indian Telcos and whether Spectrum can be subject to proceedings under the Insolvency and Bankruptcy Code, 2016 ("IBC")

In this podcast, CA Aditya Gupta discusses the salient features of the resolution plan submitted by UVARC for AIRCEL, which was duly approved by the NCLT.

Where a Bank classifies an account as NPA, it need not mean default under IBC is what CA Aditya Gupta argues and CS Prakul Thadi disagrees with him. Listen to the podcast to understand their respective arguments.

In this podcast, Mr Araventhan takes you through the order passed by NCLT, Kolkata Bench, in the matter of Anil Goel vs. Deputy Director, Directorate of Enforcement, Delhi wherein it was observed that the attachment and confiscation of properties of a CD undergoing CIRP or liquidation become void under section 32-A of the Code.

In Babulal Vardharji Gurjar vs. Veer Gurjar Aluminium Industries, both NCLT and NCLAT had admitted CIRP application even when the date of initiation of CIRP Application is more than 3 years from the date of default. The real fight is between Article 137 and Article 62 of the Limitation Act, 1963 and whether the decision of NCLT and NCLAT to admit the application upon invocation of Article 62 &nbsp...

In this Podcast, CA Aditya Gupta gives a quick overview of the order passed by NCLT, Mumbai in the matter of SBI vs. Anil Dhirajlal Ambani pursuant to its powers under the IBC and I & B (Application to Adjudicating Authority for Insolvency Resolution Process for Personal Guarantors) Rules, 2019.

In this Podcast, CA Aditya Gupta explains the one-time restructuring opportunity provided by RBI through Resolution Framework for COVID-19-related stress, release by RBI on August 6, 2020.

In this podcast we update our listeners on the amendments brought forward by IBBI to the IBBI (Liquidation Process) Regulations, 2016 and IBBI (Voluntary Liquidation Process) Regulations, 2017.