Cracking the code (Part 3): Interpreting the term “Dispute”

Further to our Part II, in this Part we have dealt with the interpretation of the term "Dispute" under the Code. The Code being a new legislation is going through several judicial tests and every test is leading to a new interpretation of the provisions of the Code resulting in inconsistency between them. Several judgements … Continue reading Cracking the code (Part 3): Interpreting the term “Dispute”

Cracking the code (Part 2): Initiating an Insolvency Proceeding

The Code offers a comprehensive and uniform insolvency legislation which deals with partnerships, firms and companies. The aim is to construct a separate framework for bankruptcy resolution. A Financial Creditor or an Operational Creditor can initiate a CIRP against a Corporate Debtor at the National Company Law Tribunal (“NCLT”). Further to our Part I, in … Continue reading Cracking the code (Part 2): Initiating an Insolvency Proceeding

Cracking the Code (Part I): Introduction

The Insolvency and Bankruptcy Code, 2016 (“Code”), has attracted attention since its inception and it is being closely watched since the day it has come into effect, as it brings along with itself a promise to change the face of corporate insolvency process in India. The Code is a result of years of grappling with … Continue reading Cracking the Code (Part I): Introduction