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Supreme Court rules on preference shares of a company Vis- Vis section 7 of the insolvency and bankruptcy code, 2016: No financial debt

Supreme Court Rules on Preferences Hares of A Company Vis-a Vis Section 7 of The Insolvency And Bankruptcy Code, 2016: No Financial Debt by Shikha Goenka Ginodia (Partner) and Gaurav Suryavanshi (Principal Associate) The Supreme Court of India, in a recent judgment, in the case of EPC Constructions India Limited vs M/s Matix Fertilizers and Chemicals…

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Supreme Court clarifies on Fundamental Right under Article 21 of the Indian Constitution vis-à-vis Insolvency and Bankruptcy Code, 2016

Supreme Court clarifies on Fundamental Right under Article 21 of the Indian Constitution vis-à-vis Insolvency and Bankruptcy Code, 2016 by Mrs. Shikha Goenka Ginodia (Partner) and Mr. Gaurav Suryavanshi (Principal Associate) In a landmark ruling aimed at safeguarding the interests of homebuyers, the Supreme Court of India in Mansi Brar Fernandes v. Shubha Sharma & Ors.…

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Section 10 of IBC

Section 10 of IBC By Shikha Goenka Ginodia, Partner The Insolvency and Bankruptcy Code, 2016 (IBC), was enacted to streamline insolvency proceedings and ensure timely resolution of corporate distress. However, the COVID-19 pandemic created an extraordinary economic situation, and the Government of India responded with amendments to the IBC, introducing Section 10A. This provision was…

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