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INSOL India is an independent leadership body representing practitioners and other associated professionals specialising in the fields of restructuring, insolvency and turnaround. It is an association with an architecture that facilitates key stakeholders to come together and share experiences while preserving their independence. |
Welcome to INSOL India Newsletter Volume I, Issue MARCH/APRIL | Apr 24, 2026
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Upcoming Events and Activities
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14th |
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July, 2026 |
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Venue: St. Regis, Mumbai
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In this edition
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Articles
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THE CHANGING ARCHITECTURE OF IBC IN VIEW OF SPECTRUM AND STATUTES |
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Supreme Court Tightens Procedural Boundaries Around CoC Decisions under the IBC |
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BALANCING COMMERCIAL WISDOM AND PROCESS DOCUMENT BOUNDARIES WITH THE OBJECTIVES OF THE IBC |
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SECTION 66 OF IBC: SCOPE, THIRD-PARTY IMPLEADMENT, AND EVOLVING JURISPRUDENCE ON FRAUDULENT AND WRONGFUL TRADING. |
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News
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Supreme Court Rules IRP’s Admission of Claim Is Not an Acknowledgment Under the Limitation Act |
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Supreme Court Intervenes on Chronic NCLT Backlog in Resolution Plan Approvals, Flags Systemic Crisis |
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NCLAT Rejects Law Firm’s Belated Claim in CIRP: No Disbursement, No Financial Debt |
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The acting president of NCLT has issued a notification where powers have been given to a Judicial Member in a single bench to decided cases of certain class |
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IBBI Overhauls Valuation Framework, Enhances Accountability of RPs and Valuers |
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IBC Clarified: Supreme Court Says Value Maximisation Goes Beyond Numbers |
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Supreme Court Bars Set-Off of Security Deposits During IBC Moratorium |
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Supreme Court Reinforces Finality of SLP Orders; Upholds CoC’s Commercial Wisdom Under IBC |
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Supreme Court Refines ‘Clean Slate’ Doctrine: Allows Defensive Set-Off of Extinguished Claims Under IBC |
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NCLAT Clarifies Limits of Section 238 IBC: Override Applies Only in Case of Direct Inconsistency |
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CJI Surya Kant in a recent hearing in EAS Sarma v. Union of India and others [W.P.(C) No. 1217/2025] |
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Supreme Court Rules IRP’s Admission of Claim Is Not an Acknowledgment Under the Limitation Act
The Supreme Court in Shankar Khandelwal v. Omkara Asset Reconstruction Pvt. Ltd. and Anr. [Civil Appeal No (s). 13158-13159 of 2025] addressed the central question of whether an application filed …
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Supreme Court Intervenes on Chronic NCLT Backlog in Resolution Plan Approvals, Flags Systemic Crisis
The Supreme Court took suo motu cognizance of systemic delays in the approval of resolution plans by the National Company Law Tribunals. A Bench of Justice J.B. Pardiwala and Justice K.V. …
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NCLAT Rejects Law Firm’s Belated Claim in CIRP: No Disbursement, No Financial Debt
The NCLAT, Principal Bench, New Delhi in L & L Partners Litigation v. Jalesh Kumar Grover (RP) [Company Appeal (AT) (Insolvency) No. 1944 of 2025] dismissed an appeal challenging the rejection of a …
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The acting president of NCLT has issued a notification where powers have been given to a Judicial Member in a single bench to decided cases of certain class
On 27 April 2026, in an unprecedented move, the Acting President of NCLT by way an administrative order has authorized Single Judicial
Member Bench to hear and dispose of cases of the following …
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IBBI Overhauls Valuation Framework, Enhances Accountability of RPs and Valuers
The Insolvency and Bankruptcy Board of India (IBBI) has introduced reforms to strengthen the valuation and information disclosure framework under the IBC. These measures seek to address concerns …
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IBC Clarified: Supreme Court Says Value Maximisation Goes Beyond Numbers
The Supreme Court in a recent judgment in Torrent Power Limited v. Ashish Arjunkumar Rathi [(2026) ibclaw.in 109 SC] reiterated that under the IBC, the highest bid does not necessarily constitute the …
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Supreme Court Bars Set-Off of Security Deposits During IBC Moratorium
The Supreme Court in Central Transmission Utility of India Ltd. v. Sumit Binani and Ors. [(2026) ibclaw.in 142 SC], has clarified that security deposits cannot be appropriated or set-off against …
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Supreme Court Reinforces Finality of SLP Orders; Upholds CoC’s Commercial Wisdom Under IBC
The Supreme Court in M/s Lamba Exports Pvt. Ltd. v. M/s Dhir Global Industries Pvt. Ltd. has reaffirmed the finality of judicial orders and the primacy of the commercial wisdom of the Committee of …
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Supreme Court Refines ‘Clean Slate’ Doctrine: Allows Defensive Set-Off of Extinguished Claims Under IBC
The Supreme Court in Ujaas Energy Ltd. v. West Bengal Power Development Corporation Ltd. [(2026) ibclaw.in 127 SC], has refined the scope of the “clean slate” principle under the …
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NCLAT Clarifies Limits of Section 238 IBC: Override Applies Only in Case of Direct Inconsistency
The NCLAT in Sri Vibu Venkatsubramanian v. State Bank of India & Anr. Ujaas Energy Ltd. v. West Bengal Power Development Corporation Ltd., has clarified the scope and application of Section 238 of …
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CJI Surya Kant in a recent hearing in EAS Sarma v. Union of India and others [W.P.(C) No. 1217/2025]
CJI Surya Kant in a recent hearing in EAS Sarma v. Union of India and others [W.P.(C) No. 1217/2025], flagged serious concerns over the misuse of the IBC, noting that insolvency processes are being …
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THE CHANGING ARCHITECTURE OF IBC IN VIEW OF SPECTRUM AND STATUTES
By Avni Shrivastav- Principal Associate, Insolvency and Restructuring, Khaitan & Co.
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Supreme Court Tightens Procedural Boundaries Around CoC Decisions under the IBC
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BALANCING COMMERCIAL WISDOM AND PROCESS DOCUMENT BOUNDARIES WITH THE OBJECTIVES OF THE IBC
The Insolvency and Bankruptcy Code, 2016 (“IBC”) was enacted in 2016 with the paramount object to resolve insolvency resolution of corporate persons, partnership firms and individuals in a time bound manner for maximization of value of assets …
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SECTION 66 OF IBC: SCOPE, THIRD-PARTY IMPLEADMENT, AND EVOLVING JURISPRUDENCE ON FRAUDULENT AND WRONGFUL TRADING.
The Insolvency and Bankruptcy Code, 2016 (“IBC”) fundamentally restructured India’s insolvency landscape by shifting the focus from slow recovery to collective resolution. The essence of the Code is to revive the businesses, maximise the …
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E-Newsletter Editorial Board
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Founder & Managing Partner, Equilex
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Partner, Shardul Amarchand Mangaldas
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Partner, PwC India
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Partner, Dentons Link Legal
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Senior Partner with DSK Legal
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Managing Associate, Chandhiok & Mahajan
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Assistant Professor - Faculty of Law, University of Delhi
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Disclaimer
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INSOL India is a society registered under the provisions of Societies Registration Act XXI of 1860. A certificate to this effect was issued by the Registrar of Societies, Government of National Capital Territory of Delhi on 11th January 2000.
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The formation of INSOL India fulfilled the long cherished desire of the members of the legal fraternity, chartered accountants, company secretaries and other persons, bodies and institutions in India, to have an association to promote closer co-operation, exchange of ideas, dissemination of information and an empathetic understanding of law of insolvency and related laws.
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contact@insolindia.com
www.insolindia.com