Section 60(5) IBC
20 articles tagged with "Section 60(5) IBC".
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: 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 ...
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 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: IBC Amendment Act 2026 Reverses Vidarbha as NCLT Asserts Supremacy Over SEBI
The Return to Strict Liability in Insolvency For corporate insolvency practitioners, 2026 is shaping up to be a watershed year of course correction. The era of the "sympathetic" National Company Law Tribunal (NCLT) is officially over. With the Presid...
Death of the 'Vidarbha' Defense: How the IBC Amendment Act 2026 Returns Predictability to Section 7 Admissions
The Return to First Principles For the past few years, representing a Financial Creditor (FC) in a Section 7 application under the Insolvency and Bankruptcy Code, 2016 (IBC) felt less like a swift statutory right and more like a roll of the dice. The...
The IBC Super-Statute: NCLAT Expands Residuary Powers to Defreeze Demat Accounts While Supreme Court Clamps Down on SRA 'Buyer's Remorse'
The NCLT’s Jurisdiction Creep Continues—And Practitioners Should Rejoice If there is one undeniable trend in Indian corporate insolvency jurisprudence, it is the relentless expansion of the National Company Law Tribunal’s (NCLT) footprint. The Insolv...
The NCLT Paradox: Expanding Jurisdiction Meets Institutional Paralysis as Supreme Court Steps In
The Widening Chasm Between Power and Capacity For insolvency practitioners, navigating the National Company Law Tribunal (NCLT) has become an exercise in cognitive dissonance. On one hand, recent appellate jurisprudence is aggressively expanding the ...
The IBC (Amendment) Bill 2025: Bypassing the NCLT Bottleneck to Save the Code
The Death of the 330-Day Deadline and the Desperate Need for Reform Litigating insolvency in India has become an exercise in diminishing returns. When the Insolvency and Bankruptcy Code (IBC) was enacted in 2016, it was heralded as the death knell fo...
The IBC Amendment Bill 2025: Why the Push for "Out-of-Court" Resolutions Changes the Game for Restructuring Lawyers
The End of the 330-Day Illusion Let’s be brutally honest: the 330-day timeline mandated by Section 12 of the Insolvency and Bankruptcy Code (IBC) has become a statutory fiction. Between endless interlocutory applications, overwhelmed NCLT benches, an...
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...
IBC Trumps Dalal Street: NCLAT Cements NCLT’s Power to De-Freeze Demat Accounts Under Section 60(5)
The End of a Regulatory Turf War? For years, Insolvency Professionals (IPs) have faced a uniquely frustrating procedural nightmare: stepping into the shoes of a Corporate Debtor (CD), only to find the company’s demat accounts frozen by market regulat...
IBC Overrides SEBI Again: NCLAT’s Aggressive Stance on Frozen Demat Accounts Reshapes Corporate Restructuring
The Supremacy of the IBC Estate Over Regulatory Freezes In a decisive victory for Resolution Professionals (RPs) and a bitter pill for market regulators, the National Company Law Appellate Tribunal (NCLAT) has once again reaffirmed the supremacy of t...
The IBC Supremacy Wars: NCLAT Uses Section 60(5) to Pierce SEBI’s Demat Freezes
The Turf War Over Frozen Assets There is a fundamental friction in Indian corporate law: the Insolvency and Bankruptcy Code (IBC) wants to preserve and consolidate assets to rescue a failing company, while the Securities and Exchange Board of India (...
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 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 IBC’s Non-Obstante Bulldozer: NCLAT Strips SEBI of Asset-Freezing Powers as the 2026 Amendment Looms
The Shadow War Between India's Financial Regulators If there is one undeniable theme emerging from the corridors of the NCLT and NCLAT in early 2026, it is this: the Insolvency and Bankruptcy Code (IBC) takes no prisoners when it comes to jurisdictio...
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