17 Sep 2018

The status of the Home buyers under Insolvency and Bankruptcy Code (IBC) has been puzzling adjudicating authorities. The question was brought to forefront in public interest writ petition filed before Supreme Court[1] seeking relief for home buyers in Jaypee insolvency matter[2].  Apex Court initially granted stay and later directed that resolution plan should protect the interest of home buyers.>>

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21 Sep 2017

The Supreme Court of India (“SC”) recently delivered its first judgment [1] under the Insolvency and Bankruptcy Code (“IBC”) wherein SC has delved into (i) the circumstances which led to promulgation of the IBC and the legislative intent behind its promulgation; (ii) an in-depth examination of the provisions of the IBC relating to the Insolvency Resolution Process (“Resolution Process”) and (iii) the principles of repugnancy vis-à-vis IBC and State law. >>

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