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REEDArticles

Latest Legal and Scholarly Articles and Opinions on Insolvency, Bankruptcy and Debt Recovery laws

Apr 2, 2024

Navigating Valuation Challenges in Corporate Insolvency Resolution: A Case Analysis of M/s. Jeypore Sugar Company Limited

REEDLAW

Mar 23, 2024

The Legal Dynamics of Dishonour of Cheques in India: A Detailed Overview

The surge in trade and commerce in India has led to a corresponding increase in the use of cheques, resulting in a rise in cheque bouncing disputes.

REEDLAW

Mar 19, 2024

Upholding Financial Rights: A Legal Analysis of Limited Guardianship under the Rights of Persons with Disabilities Act, 2016

The case of Mrs. Mohan V. before the Kerala High Court sheds light on the complex legal issues surrounding the financial protection of individuals with disabilities.

Mrs. Rachna Gupta, Advocate

Mar 12, 2024

Supreme Court's Interpretation on the Forfeiture of Earnest Money in Auction Sale under the SARFAESI Proceedings

The Supreme Court recently addressed appeals concerning the forfeiture of earnest money deposit by a Nationalized Bank in a property auction. The case involved the bank conducting an e-auction of a property and declaring the respondent as the successful bidder. However, the respondent failed to pay the balance amount within the stipulated time, leading to the cancellation of the sale and forfeiture of the earnest money.

REEDLAW

Mar 8, 2024

Ensuring Transparency in Insolvency Proceedings: A Call for Equitable Information Access

Recent observations have unveiled a concerning issue: certain RPs have neglected to share this crucial report with both debtors and creditors, creating an information imbalance. In response, a circular has been issued under section 196 of the Code, urging RPs to share their reports with both parties involved. This article delves into the significance of this circular and the implications it holds for the insolvency resolution process.

REEDLAW

Mar 8, 2024

Shaping the Future: A Comprehensive Framework for Mediation in Insolvency and Bankruptcy

The IBBI released a transformative report on January 31, 2024. This report, crafted by an Expert Committee constituted by the IBBI, unveils a groundbreaking "Framework for Use of Mediation under the Insolvency and Bankruptcy Code, 2016."

REEDLAW

Mar 6, 2024

Striking the Judicial Balance: Kerala High Court's Examination of Article 227 and Alternative Statutory Remedies in SARFAESI Act Cases

Kerala High Court's recent judgment delicately navigates the balance between Article 227 powers and statutory remedies in SARFAESI Act cases. Emphasizing exceptional circumstances, the court upholds the hierarchical structure, safeguarding against misuse of constitutional powers while ensuring judicious review of tribunal jurisdiction.

Mrs. Rachna Gupta, Advocate

Nov 19, 2021

Effect of Moratorium on Arbitration Proceedings

Insolvency and Bankruptcy Code, 2016 (IBC Code) which received presidential assent on 25th May,

REEDLAW

Sep 3, 2021

Role of Banking Ombudsman in India - An Analysis

The best quality of service supplied to a customer is currently the most significant thing to consider in the banking system. If the customer service offered meets the client's expectations, the bank's

REEDLAW

Sep 3, 2021

Section 7 Application of IBC cannot be allowed if Petition filed collusively

Section 7: Initiation of corporate insolvency resolution process by the financial creditor:
7. (1) A financial creditor either by itself or jointly with [other financial creditors, or any other person on

Ms. K. Bavana

Sep 1, 2021

"Preferential Transaction" and "Relevant Time" under Section 43 of IBC

The present Appeal was filed challenging the Impugned Order dated 26.02.2021 passed by the Adjudicating Authority (National Company Law Tribunal, Division Bench-I, Chennai) in, whereby the

Ms. R. Haritha

Aug 30, 2021

Admissibility of claims during CIRP

The Insolvency and Bankruptcy Code of 2016 has proven to be a strong piece of legislation in terms of governing the insolvency and liquidation of corporate organisations. Yet, there are many

Ms. Ruchitha D.

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