Section 60(5)
24 articles tagged with "Section 60(5)".
The Supreme Court’s “Hijack” Rebuke and the Battle for NCLT’s Soul: Why Tribunal Independence is Now a Boardroom Issue
The Institutional Crisis Behind the Headlines The Supreme Court’s blunt observation in October 2026 that the Ministry of Corporate Affairs (MCA) has “completely hijacked” NCLT administration and staff appointments marks a watershed moment for Indian ...
"NCLT's Expanding Authority vs. Institutional Decay: The Supreme Court's 2026 Intervention"
The Institutional Paradox: Record Approvals Amid Administrative Collapse The National Company Law Tribunal finds itself at a curious crossroads in 2026. While the tribunal has delivered record numbers of resolution plan approvals—demonstrating its ca...
Fraudulent trigger, clean CIRP: the Supreme Court hardens the IBC’s finality bias while Parliament rewrites the Companies Act
The most important signal from this cycle: process failure does not necessarily kill insolvency The most consequential development in this batch is the Supreme Court’s reported holding that a Corporate Insolvency Resolution Process can continue even ...
The End of the IBC Shield: Supreme Court Strips Promoters of Section 14 Protection and Curbs NCLT Overreach
For the better part of the last decade, corporate promoters in India have operated under a poorly kept secret: if the walls are closing in, let the company slip into insolvency. The resulting moratorium under Section 14 of the Insolvency and Bankrupt...
The Death of the 'Defective Filing' Loophole and the IBC Turf War: SC Tightens Appeals while NCLAT Expands Section 60(5)
The End of the "Diary Number" Strategy For years, commercial litigators in India have relied on a poorly kept procedural secret: when you are out of time to file an appeal, file a defective one. Dump a skeletal memo of appeal with missing annexures o...
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...
SEBI vs. IBC: Why the Supreme Court’s July 2026 Verdict Will Redefine Jurisdictional Supremacy in Corporate Insolvency
The Brewing Storm: When Regulators Collide For insolvency practitioners, the intersection of the Insolvency and Bankruptcy Code (IBC) and the Securities and Exchange Board of India (SEBI) Act has always been a jurisdictional minefield. But in 2026, t...
The Death of Discretion: IBC Amendment Act 2026 Finally Buries 'Vidarbha' as Tribunals Draw Hard Lines on Jurisdiction
The Corrective Pivot Indian Insolvency Desperately Needed Parliament has finally stepped in where the judiciary stumbled. With the Insolvency and Bankruptcy Code (Amendment) Act, 2026 receiving Presidential assent, the landscape of corporate insolven...
The Expanding Reach of Section 60(5): NCLAT Defreezes Demat Accounts as Supreme Court Pierces the Corporate Veil
The IBC Turf War: NCLT Consolidates Power Over Distressed Assets For corporate insolvency practitioners, the jurisdictional boundaries between the Insolvency and Bankruptcy Code (IBC) and other regulatory regimes have always been a fertile ground for...
The IBC’s Hollow Supremacy: Winning the Turf War but Losing the Clock
The Non-Obstante Juggernaut Continues If you are practicing in the corporate insolvency space today, you are witnessing a fascinating paradox. Jurisprudentially, the Insolvency and Bankruptcy Code, 2016 ( IBC ) has never been stronger. Courts are agg...
The Turf War Ends here: NCLAT Weaponizes Section 60(5) to Override Securities Freezes in CIRP
The Eternal Turf War: IBC vs. Regulators If there is one perennial headache for a Resolution Professional (RP) managing a Corporate Insolvency Resolution Process (CIRP), it is the inevitable jurisdictional turf war. The moment a Corporate Debtor (CD)...
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...
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 NCLT’s Super-Regulator Era: Expanding Jurisdiction Under Section 60(5) and the Clash with Securities Law
The IBC is Eating Other Laws For corporate litigators and Resolution Professionals (RPs), the defining narrative of 2026 is no longer just about haircuts and recovery rates. It is about turf. The National Company Law Tribunal (NCLT) is rapidly mutati...
IBC's Non-Obstante Muscle: NCLAT Backs NCLT's Power to Unfreeze Demat Accounts Amid Rising Pre-Admission Recoveries
The Turf War Continues: IBC vs. Sectoral Regulators In the ongoing jurisdictional tug-of-war between India's sectoral regulators and the insolvency regime, the Insolvency and Bankruptcy Code (IBC) has just landed another heavy blow. The National Comp...
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...
Regulator Turf War: NCLAT Cements IBC’s Supremacy Over SEBI in the Demat Defreeze Saga
The Eternal Clash of Regulators For any insolvency practitioner navigating the turbulent waters of the Corporate Insolvency Resolution Process (CIRP), sectoral regulators acting as parallel power centers is a familiar nightmare. When a Corporate Debt...
The IBC Turf War Escalates: NCLAT Empowers NCLT to Defreeze Demat Accounts Over SEBI and BSE Objections
A Jurisdictional Masterstroke Under Section 60(5) The perennial turf war between the Insolvency and Bankruptcy Code (IBC) and India’s sectoral regulators has just witnessed another decisive battle. In a significant development this April-May 2026, th...
Turf Wars and Tribunal Tears: NCLAT Subordinates SEBI’s Demat Freezes to the IBC, While SC Blasts NCLT Delays
The IBC's Supremacy: NCLAT Breaks the SEBI/BSE Demat Deadlock Let us not mince words: when it comes to the clash between market regulation and corporate insolvency, the Insolvency and Bankruptcy Code (IBC) has officially cemented its status as the ap...
The IBC Paradox: NCLAT Expands Tribunal Power Over SEBI, While the Supreme Court Slams "Grim" Structural Delays
For insolvency practitioners, April 2026 has offered a masterclass in the cognitive dissonance of Indian corporate law. On one hand, our appellate tribunals are aggressively expanding the jurisdictional boundaries of the Insolvency and Bankruptcy Cod...
Turf War Settled: Why NCLAT's Sec 60(5) Ruling on Thawing Demat Accounts is a Gamechanger for RPs
The Regulator vs. The Resolution Professional For corporate lawyers navigating the Insolvency and Bankruptcy Code (IBC), the turf war between market regulators and insolvency professionals is a familiar, frustrating battlefield. Statutory authorities...
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...
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