Resolution Professional
23 articles tagged with "Resolution Professional".
The IBC's Shrinking Shield and Expanding Sword: Supreme Court Halts Promoter Immunity While NCLT Bulldozes SEBI
The Changing Anatomy of Corporate Insolvency in 2026 Ten years since the Insolvency and Bankruptcy Code (IBC) reshaped Indian corporate law, the jurisprudence is finally moving past infancy and into a complex adolescence. The latest slew of rulings f...
The IBC (Amendment) Act 2026: Bypassing the NCLT Bottleneck and Stripping the Promoter’s Shield
For corporate insolvency practitioners, the admission stage under Section 7 of the Insolvency and Bankruptcy Code (IBC) has historically been a graveyard of statutory timelines. What was envisioned as a swift 14-day admission process routinely morphe...
The 2026 IBC Overhaul: Creditors Take the Wheel While Promoters Lose Their Moratorium Shield
The NCLT Bottleneck is Forcing a Paradigm Shift If there is one defining theme for corporate insolvency practice in 2026, it is the aggressive clawback of creditor control. The recently assented Insolvency and Bankruptcy Code (Amendment) Act, 2026 is...
The IBC’s 2026 Evolution: CIIRP Bypasses the NCLT Bottleneck While NCLAT Bulldozes SEBI
For years, practicing insolvency lawyers have shared a grim inside joke: the Insolvency and Bankruptcy Code (IBC) is a sports car stuck in NCLT traffic. The statutory mandates of a 14-day admission under Section 7 and a 330-day resolution timeline ha...
The Out-of-Court IBC Era: Bypassing the NCLT, Defeating SEBI, and What the 2026 Shift Means for Your Practice
As the Insolvency and Bankruptcy Code (IBC) crosses its ten-year milestone in 2026, the numbers speak for themselves: over Rs 4 lakh crore realized and a staggering 30,000 cases settled at the pre-admission stage. But for practicing corporate lawyers...
The IBC Supremacy Wars: As SEBI Battles NCLT at the Supreme Court, Parliament Prepares to Bypass the Tribunal Entirely
If you are a corporate restructuring lawyer in India, July 2026 is shaping up to be a watershed month. The Insolvency and Bankruptcy Code (IBC) is currently fighting a two-front war: one in the Supreme Court to cement its absolute supremacy over mark...
The Imperial IBC: How Section 238 is Swallowing SEBI’s Jurisdiction and the Death of 'Vidarbha Industries'
The Turf War of the Decade: Insolvency vs. Securities Regulation For years, Section 238 of the Insolvency and Bankruptcy Code (IBC) has been the nuclear option in a restructuring lawyer’s arsenal. Its non-obstante clause dictates that the IBC overrid...
The Death of Discretion: How the IBC Amendment Act 2026 and NCLAT Restored Creditor Supremacy
A Return to the True North of Insolvency The year 2026 is proving to be a watershed moment for the Insolvency and Bankruptcy Code (IBC). After a few years of judicial meandering—where overlapping regulatory jurisdictions and creeping equitable discre...
The IBC’s Non-Obstante Muscle: NCLAT Thaws SEBI-Frozen Demat Accounts, While the Supreme Court Sets a Procedural Trap for Litigators
The Endless Turf War: IBC vs. SEBI The Insolvency and Bankruptcy Code (IBC) was designed to be the apex predator of Indian corporate law, but regulatory turf wars have constantly tested its bite. In a highly significant development for insolvency pra...
IBC’s Section 238 Strikes Again: NCLAT Defangs SEBI and Cements Creditor Supremacy in 2026
The Regulatory Turf War is Over, and IBC Has Won For years, practicing insolvency lawyers have navigated a frustrating paradox: the Insolvency and Bankruptcy Code (IBC) was drafted as a complete code to facilitate swift resolution, yet Resolution Pro...
Unlocking Demat Accounts and Curbing Tribunal Overreach: How NCLAT is Redrawing the NCLT's Jurisdictional Lines
The Endless Tug-of-War: IBC vs. Sectoral Regulators For insolvency practitioners, the intersection of the Insolvency and Bankruptcy Code (IBC) and securities law has always been a minefield. When a Corporate Debtor (CD) goes into insolvency, Resoluti...
Turf Wars and Frozen Demat Accounts: Why NCLAT's Latest IBC Ruling is a Major Win for Resolution Professionals
The Never-Ending Battle of Non-Obstante Clauses In the Indian legal landscape, there are few things as fiercely contested as the jurisdictional turf wars between specialized regulators. When a Corporate Debtor (CD) goes into insolvency, everyone from...
Territorial Truce or Turf War? NCLAT Cements NCLT’s Supremacy Over Frozen Demat Accounts
The Never-Ending Clash Between Insolvency and Securities Law For practicing corporate lawyers, the intersection of the Insolvency and Bankruptcy Code (IBC) and securities regulations has always felt like a jurisdictional minefield. When a Corporate D...
Turf War Settled: NCLAT Cements IBC Supremacy Over Securities Law in Demat De-Freezing Row
The End of the Regulatory Tug-of-War For years, Resolution Professionals (RPs) taking over distressed listed entities have faced a frustrating administrative roadblock: frozen demat accounts. When a Corporate Debtor (CD) enters the Corporate Insolven...
The Section 60(5) Juggernaut: NCLAT Backs NCLT’s Power to Override SEBI Rules, But Hits the Brakes on Procedural Overreach
The Unstoppable March of NCLT's Residuary Jurisdiction For insolvency practitioners, Section 60(5) of the Insolvency and Bankruptcy Code, 2016 (IBC) has become the ultimate Swiss Army knife. It is the residuary clause that allows the National Company...
The Ultimate Trump Card: NCLAT Affirms IBC Overrides Securities Law on Frozen Demat Accounts
The Never-Ending Turf War: IBC vs. Sectoral Regulators If there is one recurring theme in Indian insolvency jurisprudence, it is the reluctance of sectoral regulators to surrender their turf to the Insolvency and Bankruptcy Code (IBC). From the taxma...
The IBC Juggernaut: NCLAT Strips SEBI’s Power to Freeze Demat Accounts During CIRP
The Unstoppable Force of Section 238 If there is one undeniable truth in Indian corporate law today, it is that the Insolvency and Bankruptcy Code (IBC) eats other regulatory frameworks for breakfast. In a decisive April 2026 ruling, the National Com...
Regulatory Hubris Meets the IBC: Why NCLAT is Stripping SEBI and Stock Exchanges of their Freezing Powers
The Endless Turf War: IBC vs. Market Regulators For practicing insolvency lawyers, the friction between the Insolvency and Bankruptcy Code (IBC) and market regulators is a tale as old as the Code itself. From the SEBI vs. Bhanu Ram days to the curren...
The Turf War Settles: NCLAT Cements IBC Primacy Over SEBI, While Supreme Court Wields the Whip on NCLT Delays
For corporate insolvency practitioners, 2026 has opened with a resounding jurisprudential theme: The Insolvency and Bankruptcy Code (IBC) bows to no one. In a series of pivotal rulings, the National Company Law Appellate Tribunal (NCLAT) has aggressi...
The IBC Bulldozer: NCLAT Defangs SEBI and Stock Exchanges Over Frozen Demat Accounts
The Never-Ending Turf War: IBC vs. Securities Law For years, a silent turf war has been raging between India's financial market regulators and the insolvency courts. When a corporate debtor enters the Corporate Insolvency Resolution Process (CIRP), w...
The IBC’s Non-Obstante Clause Bites Hard: Tribunals Strip SEBI and Exchanges of Their Exceptionalism
The Death of Regulatory Arrogance in Insolvency For years, sectoral regulators and statutory bodies have operated under a persistent delusion: that the Insolvency and Bankruptcy Code (IBC) is a mild inconvenience rather than a superseding legal frame...
The Section 29A Purge: NCLAT Pierces the Corporate Veil but Tramples on Procedural Boundaries in Myotic Trading
1. The Hook: Why This Case Matters Right Now If there is one provision in the Insolvency and Bankruptcy Code, 2016 (IBC) that has generated more forensic litigation than actual resolutions, it is Section 29A. Intended as a moral and commercial quaran...
Piercing the Veil or Procedural Overreach? NCLAT’s Hardline Stance on Section 29A "See-Through" Provisions
The Hook: Why This Case Matters Right Now If there is one thing Indian insolvency jurisprudence has made abundantly clear over the last eight years, it is that Section 29A of the Insolvency and Bankruptcy Code (IBC) is the ultimate holy cow. In the r...
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