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Insolvency And Bankruptcy Code
Two select committees were on Monday granted more time by the Lok Sabha to submit their reports on the insolvency law and Jan Vishwas provisions amendment bills. The matters were taken up amid Opposition din over the issue of Special Intensive Revision (SIR) of electoral rolls. The House has allowed time till the last day of the Winter session for a select committee to present its report on the Insolvency & Bankruptcy Code (Amendment) Bill, 2025. The bill was referred to the committee on August 12 immediately after introduction in the Lower House. The bill seeks to amend the insolvency law, proposing a raft of amendments, including an out-of-court mechanism to address genuine business failures, group and cross-border insolvency frameworks. On Monday, Lok Sabha also gave time up to the last day of the second week of the Winter session for another select committee to present its report on the Jan Vishwas (Amendment of Provisions) Bill, 2025. The government had introduced the bill on
Insolvency appellate tribunal NCLAT has set aside NCLT orders, which had declared promoters of JC World Hospitality ineligible to submit their resolution plan under Section 29A of the IBC. NCLAT said the NCLT "in a callous manner without looking into materials on record" have come to the conclusion that the promoters are disqualified, which is perverse and unsustainable. A two-member bench of the National Company Law Appellate Tribunal (NCLAT) has revived the application filed by RP of JC World Hospitality before the Delhi bench of NCLT seeking approval for bids submitted by promoters and take a decision within three months. The application "filed by the RP for approval of the Resolution Plan of the SRA (promoters) is revived before the adjudicating authority (NCLT) for passing an appropriate order in the plan approval application." It further said, "The plan approval application has been pending for about four years. We are of the view that the adjudicating authority shall endeavo
The National Company Law Tribunal (NCLT) has admitted an insolvency case against Blu-Smart Mobility Tech, the debt-ridden company which was providing all-electric ride-hailing services and building a network of EV charging infrastructure in India. The Ahmedabad bench of NCLT has admitted the insolvency plea filed by Lepton Software Export and Research against Blu-Smart Mobility over an unpaid amount of Rs 5.84 crore, and appointed Pawan Kumar Goyal as the interim resolution professional, suspending the board of the company. A two-member bench said there is an operational debt, which has been defaulted by Blu-Smart Mobility, and its operational creditor is entitled to recover it. "The respondent/corporate debtor Blu-Smart Mobility Pvt Ltd is admitted in the Corporate Insolvency Resolution process under section 9(5) of the code," it said. Moreover, the NCLT also placed Blu-Smart Mobility Tech under the protection of a moratorium as per the provisions of the Insolvency & Bankruptcy ..
The Insolvency and Bankruptcy Board and the Enforcement Directorate have arrived at a solution to address the problem related to the interface between the insolvency law and the PMLA in resolving stressed assets. "I hope that in a month or two, we should be able to issue a circular as to how to go about it so as to solve the problem," Insolvency and Bankruptcy Board of India (IBBI) Chairperson Ravi Mital said on Wednesday. There have been issues in resolution of certain cases under the Insolvency and Bankruptcy Code (IBC) where there have been suspected assets involving black money. Under the Prevention of Money Laundering Act (PMLA), the Enforcement Directorate (ED) can attach such assets. The IBC provides a moratorium on assets of an entity undergoing insolvency resolution process. "There is a problem in the interface between the IBC and the PMLA. There is a case pending in the Supreme Court and we faced problems in some cases. So we have had discussions with ED and we have arrive
Appellate tribunal NCLAT has upheld the decision of the National Company Law Tribunal (NCLT) to recall a previous ruling for an insolvency case against real estate firm Logix Infrastructure after finding the debt claim as "fraudulent" and "malicious". A two-member NCLAT bench said the plea for CIRP (Corporate Insolvency Resolution Process) against Logix Infrastructure, which was developing the Blossom County project in Noida Sector 137, are based on collusion and are malicious with sufficient material. "In the facts and circumstances of the case, we do not find any infirmity in the orders of the adjudicating authority (NCLT) allowing the Section 65 application filed by the Respondents. For the reasons noted herein, we find that reversing of Section 7 proceedings doesn't amount to a review in the guise of a fresh determination," the bench said. Section 65 of the Insolvency & Bankruptcy Code (IBC) allows the NCLT to set aside the insolvency proceedings filed with a malicious intent .