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Insolvency

Essar Steel Judgement: As promising as it Seems?

By Tanvi Prabhu and Saumya Agarwal In Committee of Creditors of Essar Steel India Limited v. Satish Kumar Gupta &Ors, the Supreme Court on 15th November, 2019 dismissed the NCLAT order and upheld the approved Resolution Plan of ArcelorMittal in a joint venture with Japan’s Nippon Steel. It includes a payment of Rs. 42,000 cr. […]

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Insolvency

Simultaneous proceedings for the same debt under IBC

By Dhiraj Yadav and Barkha Dwivedi It is a well settled principle that the liability of a Principal Debtor and a Guarantor is coextensive. The same is enshrined under section 128 of the Indian Contract Act, 1872. Despite this, the act of initiating simultaneous proceedings against Principal Debtor and Guarantor for the same amount of […]

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Insolvency

Comments on Insolvency and Bankruptcy Code (Amendment) Act, 2019: A Bankers’ Perspective

By Shantanu Saharan & Shreyas Santra Introduction The Insolvency and Bankruptcy Code (Amendment) Act, 2019[1] was passed by the House of People without much contention unlike the previous Bills approved by the parliament on Insolvency Law. The Insolvency and Bankruptcy Code, 2016 [“IBC”], over the years, has precipitated from the efforts of Late Mr. Arun […]