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    Case Law Analysis -IBC

    The jurisprudence of IBC is fast developing and this forum discusses the important case laws and its impact

    IBC Case Laws
    BIJOY P PULIPRA

    Applicability of Limitation Act for Insolvency and Bankruptcy Code

    As there is no specific provision enabling the Limitation period for the proceedings under the Code, at the time of introduction of the Insolvency and Bankruptcy Code, 2016 , there was a confusion regarding the applicability of the Limitation Act, 1963 to the applications that are being filed under
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    Recent Activity:
    Nov 07, 2020
    BIJOY P PULIPRA

    Section 9/Operational Debt, whether Central Govt approval is needed

    IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 5120 OF 2019 in the matter of Duncans Industries Ltd. .. Appellant Versus A. J. Agrochem .. Respondent/ Facts of the case. The appellant is a Corporate Debtor. It is a company which owns and manages 14 tea gardens. Out
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    Recent Activity:
    Nov 10, 2019
    BIJOY P PULIPRA

    Challenging the constitutional validity of the Insolvency and Bankruptcy Code/Supreme Court.

    IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL/APPELLATE JURISDICTION WRIT PETITION (CIVIL) NO. 43 OF 2019 Pioneer Urban Land and Infrastructure …Petitioners Limited & Anr. Versus Union of India & Ors. …Respondents The large number of writ petitions that have been filed before the Court challenging t
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    Recent Activity:
    Nov 10, 2019
    BIJOY P PULIPRA

    Supreme Court Order in the matter of JP Associates/Section 12/Time limit for resolution

    Jaiprakash Associates Ltd & Anr… Appellant Versus IDBI Bank Ltd. & Anr. … Respondents ( CIVIL APPEAL NO. 6486 of 2019 Order passed by Supreme Court of India) In this particular matter, the Hon:Supreme Court, in order to do complete justice to the home buyers , ha
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    Recent Activity:
    Nov 10, 2019
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