Section 238 IBC
24 articles tagged with "Section 238 IBC".
As SEBI Settles Adani’s MPS Violations for Peanuts, the Supreme Court Tightens the Noose on IBC Promoters
For Indian corporate lawyers, the closing months of 2026 have delivered a masterclass in the stark dualities of our regulatory and insolvency regimes. On one end of the spectrum, the Securities and Exchange Board of India (SEBI) has signaled that hig...
Bypassing the NCLT Bottleneck: The Radical Shift Towards Out-of-Tribunal Insolvency Triggers
The End of the Pre-Admission Circus? Let’s not mince words: the National Company Law Tribunal (NCLT) is choked, and the statutory 330-day timeline for corporate insolvency resolution is, in most complex cases, a legal fiction. For practicing restruct...
The NCLT Bypass: How 2026 is Weaponizing Financial Creditors and Stripping Promoter Shields
If there is a defining theme for Indian corporate insolvency in 2026, it is the systematic dismantling of the promoter’s ability to use the National Company Law Tribunal (NCLT) as a stalling mechanism. Between the sweeping changes brought by the IBC ...
The Promoter's Shield Shatters: Supreme Court Restricts Section 14 Moratorium Strictly to Corporate Debtors
The End of the "Free Pass" for Promoters and Directors For years, promoters of defaulting Indian companies have treated the corporate veil not just as a shield, but as a bulletproof vest. The standard playbook for a distressed company has been predic...
IBC 2.0: Group Insolvency Finally Gets Statutory Teeth While Promoters Lose Their Section 14 Shield
The Maturation of the Code: 2026 Brings Structural Overhauls For insolvency practitioners, 2026 is already cementing itself as a watershed year. The Presidential assent to the Insolvency and Bankruptcy Code (Amendment) Act, 2026 fundamentally rewrite...
The End of NCLT 'Discretion': IBC Amendment Act 2026 Exorcises the Ghost of Vidarbha Industries
The Return to First Principles: Debt, Default, and Admission For the past four years, representing a Financial Creditor under Section 7 of the Insolvency and Bankruptcy Code (IBC) has felt less like enforcing a statutory right and more like participa...
The 2026 IBC Overhaul: Killing 'Vidarbha', Bypassing the NCLT, and Restoring Creditor Supremacy
The Pendulum Swings Back to Financial Creditors For the last few years, insolvency practice in India has felt like wading through molasses. Between the agonizing delays in NCLT admissions and the Supreme Court’s controversial jurisprudence in Vidarbh...
The Ghost of Vidarbha Industries is Dead: IBC Amendment 2026 Restores Mandatory Admissions as NCLAT Flexes Section 238 Over SEBI
For the Indian insolvency practitioner, the newly notified Insolvency and Bankruptcy Code (Amendment) Act, 2026 is not just a legislative update—it is an exorcism. By materially restructuring the admission architecture under Section 7, the legislatur...
Bypassing the Bench: How the IBC Amendment Act 2026 and CIIRP Will Upend Corporate Insolvency Practice
The End of "Admission Paralysis" For years, corporate insolvency practice in India has been plagued by a glaring bottleneck: the National Company Law Tribunal (NCLT) admission stage. Corporate Debtors (CDs) have masterfully weaponized the tribunal’s ...
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 Empire Strikes Back: IBC Amendment Act 2026 Reverses Vidarbha, as NCLAT Cements Code’s Supremacy Over SEBI
The IBC is Reclaiming its Lost Teeth For the last few years, insolvency practitioners have watched the Insolvency and Bankruptcy Code (IBC) slowly morph from a swift, creditor-driven mechanism into a bloated, litigation-heavy quagmire. Prolonged admi...
The IBC Amendment Act 2026: Stripping NCLT Discretion and the Rise of Out-of-Court Insolvency
The Era of "Adjournment Culture" is on Life Support For the better part of the last decade, insolvency practice in India has been plagued by a glaring irony: a statute designed for time-bound resolution became hopelessly bogged down at the very first...
The IBC (Amendment) Act 2026 is Here: Why Out-of-Court Triggers Will Radically Transform Your Insolvency Practice
For years, the Indian insolvency bar has built a lucrative practice around a single, glaring statutory bottleneck: the admission stage at the National Company Law Tribunal (NCLT). Corporate debtors have effectively weaponized the NCLT’s infrastructur...
Bypassing the Bench: The Radical Shift to Creditor-Initiated Insolvency and the Boundaries of NCLT Jurisdiction
The End of Section 7 Delays? For nearly a decade, corporate insolvency practice in India has been defined by the infamous bottleneck at the very gates of the National Company Law Tribunal (NCLT). Taking a corporate debtor to insolvency under Section ...
Turf Wars and Tribunal Bypasses: Why July 2026 is Rewriting the IBC Playbook
The Supremacy Battle: SEBI vs. The Non-Obstante Overkill If there is one hill the Insolvency and Bankruptcy Code (IBC) has repeatedly had to conquer, it is the resistance of sectoral regulators. As we hit July 2026, the Supreme Court is hearing what ...
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 Great IBC Power Shift: Bypassing the NCLT Bottleneck and Overriding SEBI’s Demat Freezes
As the Insolvency and Bankruptcy Code (IBC) marks its tenth year in 2026, the statistics speak for themselves: over Rs 4 lakh crore realized for creditors and over 30,000 cases resolved at the pre-admission stage. But for the practicing insolvency la...
Turf Wars and Bypass Surgeries: Why the Supreme Court Must Defend the IBC’s Supremacy Against SEBI
The IBC at a Crossroads: Regulatory Turf Wars and the Desperate Need for Speed For corporate lawyers navigating the labyrinth of Indian insolvency, 2026 is shaping up to be a watershed year. The Insolvency and Bankruptcy Code (IBC) was originally env...
The Turf War Culminates: Why the Supreme Court Must Finally Settle the SEBI vs. IBC Jurisdictional Clash
The Impending Supreme Court Showdown For years, restructuring practitioners in India have been caught in the crossfire of an institutional turf war: the Insolvency and Bankruptcy Code (IBC) versus the Securities and Exchange Board of India (SEBI). As...
The IBC Juggernaut: Why SEBI is Losing the Turf War and NCLT Discretion is Dead
The IBC Asserts Statutory Hegemony If the first half of 2026 has taught corporate litigators anything, it is this: the Insolvency and Bankruptcy Code (IBC) is no longer just a resolution mechanism; it is the undisputed apex predator of Indian commerc...
The Regulatory Turf War Reaches the Apex: How Section 238 is Turning the IBC into a 'Super-Statute' at SEBI's Expense
The Collision Course: Market Regulation vs. Creditor Maximization The corporate insolvency landscape in India has historically been a fragmented battlefield, but 2026 is shaping up to be the year we finally decide who holds the ultimate trump card. T...
The Death of Discretion: 2026 Amendment Buries Vidarbha Industries as IBC Bulldozes SEBI's Regulatory Turf
Welcome to July 2026. If you represent financial creditors, the latest legislative and judicial developments have just made your job significantly easier. For years, the insolvency resolution process has been bogged down by judicial overreach and int...
The Section 238 Battering Ram: Why SEBI's Turf War with the NCLT Could Redefine Corporate Insolvency
The Non-Obstante Conundrum: Is the IBC Eating Sectoral Regulators Alive? For insolvency practitioners, Section 238 of the Insolvency and Bankruptcy Code, 2016 (IBC) has long been the ultimate trump card. The non-obstante clause ensures that the IBC o...
The Death of Discretion: IBC Amendment Act 2026 Restores the 'Innoventive' Era of Mandatory Admission
The End of the Vidarbha Anomaly For the last few years, corporate insolvency litigators representing financial creditors have been forced to navigate an infuriating roadblock at the very threshold of the Corporate Insolvency Resolution Process (CIRP)...
Related Tags
Explore Categories
Case Analysis
In-depth AI analysis of landmark Indian court judgments. Supreme Court and High Court case breakdowns with key takeaways and legal implications.
Section Analysis
Detailed analysis of Indian statutory provisions. IPC, CrPC, CPC sections explained with relevant case law and practical applications.
Legal News
Stay updated with the latest legal news from India. New judgments, legislative changes, bar council updates, and legal industry developments.
Court Updates
Latest updates from Indian courts. Supreme Court, High Courts, and tribunal orders, cause lists, and important hearing updates.