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Blogs - Insolvency & Bankruptcy Code 2016 Archives - Page 9 of 20 - Centrik

CentrikBlogsInsolvency & Bankruptcy Code 2016

Category: Insolvency & Bankruptcy Code 2016

Compulsory winding up of a company

Posted by saumya sharmaPosted on January 17, 2022January 18, 20220 CommentsCategories Authentic Legal Advice, Corporate Litigation-All In Way, Cross Border Advisory, Debt Recovery Management, Insolvency & Bankruptcy Code 2016, Registration And ComplianceTags compulsory and voluntary winding up of a company, duties and powers of a liquidator in case of compulsory winding up of a company, issue notice on winding up of a small business, methods of winding up of a company, procedure for compulsory winding up of a company, reasons for compulsory winding up of a company, voluntary winding up of a company, who can apply for winding up of a company

When a business decides to wind up, it can choose between a voluntary winding up method and a compulsory winding up procedure. In the year 2020, the Ministry of Corporate Affairs will issue notices on the winding up of small businesses.

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Enforcement of Arbitration Award via Insolvency Proceedings: A Contrary Perspective

Posted by Ankur SangwanPosted on January 15, 2022January 24, 20220 CommentsCategories Corporate Litigation-All In Way, Cross Border Advisory, Debt Recovery Management, Insolvency & Bankruptcy Code 2016, Registration And ComplianceTags Arbitration Awards via Insolvency Proceedings, Arbitration proceedings in India, Enforcement of Arbitration Awards, Insolvency and Bankruptcy Board of India, insolvency proceedings against the debtor, insolvency proceedings against the debtor by filing an application, procedure of recognition under Arbitration & Conciliation Act, Procedure of the Arbitration Proceedings

The enforcement proceedings for the foreign award (under S. 47-48) are the last and final stage where the debtor can resist the award from becoming binding/ enforceable for grounds listed under Section 48 of the Arbitration Act.

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Revocation of Registration under Real Estate (Regulation & Development) Act, 2016

Posted by Ankur SangwanPosted on January 14, 2022January 24, 20220 CommentsCategories Authentic Legal Advice, Corporate Litigation-All In Way, Debt Recovery Management, Insolvency & Bankruptcy Code 2016, Registration And Compliance, RERA ConsultingTags application for revocation of registration under RERA, Compliance under RERA Act, Extention of Revocation of Registration, Procedure of Revocation of Registration under Real Estate Act, Real Estate Project registered under RERA Act, registration under Real Estate Act 2016, revocation of registration under RERA, Revocation of Registration under RERA Act, What is revocation of registration

The Competent Authorities hold the power to revocate the registration of such promoters along with the publication of the name of such promoter in the defaulter’s list.

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SARFAESI Act: A Brief Introduction

Posted by Adv_AnujPosted on December 14, 2021December 16, 20210 CommentsCategories Authentic Legal Advice, Corporate Litigation-All In Way, Debt Recovery Management, Grievance Redressal, Insolvency & Bankruptcy Code 2016Tags Auction under the SARFAESI Act, Debt Recovery, Definition of Bank under the SARFAESI Act, How proceedings initiated under SARFAESI Act, Procedure of Sale under the SARFAESI Act, Recovery of Loans, recovery of Non- Performing Assets, Recovery procedure of secured Loans, recovery proceedings of banks, Sarfaesi Act with Latest Amendments

SARFAESI Act allows banks and financial institutions to recover their dues exceeding One Lakh Rupees by proceeding against secured assets of the borrower/guarantor without the intervention of the court/tribunals.

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Why to choose Arbitration?

Posted by saumya sharmaPosted on November 23, 2021November 24, 20210 CommentsCategories Corporate Litigation-All In Way, Debt Recovery Management, Grievance Redressal, Insolvency & Bankruptcy Code 2016, Legal AdvisoryTags advantages of arbitration in India, Advantages of Arbitration over Litigation in India, arbitration over court proceedings., Arbitration proceedings, Benefits of arbitration for Employees, Choose Arbitration for your Business, IBC Litigations, IBC Proceedings, procedure for settling disputes without litigation, Reasons for choosing Arbitration

There are a number of distinguishing features that often persuade parties to choose arbitration as opposed to court litigation for the resolution of their dispute.

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Entries in balance sheet amounts to acknowledgement of debts

Posted by Adv. AarshiPosted on November 22, 2021November 24, 20210 CommentsCategories Corporate Litigation-All In Way, Debt Recovery Management, Grievance Redressal, Insolvency & Bankruptcy Code 2016Tags Acknowledgement of Debt, acknowledgement of debt in balance sheet, acknowledgement of debt under IBC, acknowledgement of debt under Limitation Act, Appeals before the Adjudicating Authority, balance sheet entries acknowledgement of Debt, balance sheet of the Corporate Debtor, Filling a Balance Sheet, Proceedings before the Adjudicating Authority, proceedings before the NCLT

The Supreme Court overturn decision of the a 5-Judge Bench order of the NCLAT that balance sheet entries do not amount to the acknowledgment of a debt and thus do not extend limitation under Section 18.

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Arbitration Overview: Meaning and Importance

Posted by saumya sharmaPosted on November 18, 2021January 21, 20220 CommentsCategories Authentic Legal Advice, Corporate Litigation-All In Way, Debt Recovery Management, Grievance Redressal, Insolvency & Bankruptcy Code 2016Tags Advantages of Arbitration, Appointment of Arbitrator, Arbitration Law in India, case of arbitration, Defination of arbitration, definition of ‘financial debt’, Importance of Arbitration, Indian Arbitration Process, Pending cases in India, Process of arbitration in India, remedy for settlement of dispute, What is the meaning of arbitration, Why arbitration is important

Arbitration is a form of dispute resolution which make both the parties mutually agree on the procedure of arbitration. Arbitration the most efficient form of remedy for settlement of dispute as it saves a lot of time and resources.

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Is judicial intervention in arbitration justified?

Posted by Shruti SharmaPosted on November 17, 2021November 19, 20210 CommentsCategories Authentic Legal Advice, Grievance Redressal, Insolvency & Bankruptcy Code 2016, Legal Outsourcing, Registration And ComplianceTags Arbitration and Conciliation Act, arbitration execution proceedings, Arbitration proceedings in India, arbitration vs court proceedings, Concept of Judicial Intervention, consolidation of arbitration proceedings, how to commence arbitration proceedings, icsid rules of procedure for arbitration proceedings, Judicial Intervention in Arbitration, Procedure of the Arbitration Proceedings, Proceedings of Arbitration, role of court in arbitration proceedings

The court’s intervention can be justified by saying that it protects the rights of the parties or it puts eyes on the arbitration proceedings to prevent any injustice.

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Role of CIBIL Score in Credit Rating

Posted by Shruti SharmaPosted on November 15, 2021November 17, 20210 CommentsCategories Authentic Legal Advice, Debt Recovery Management, Grievance Redressal, Insolvency & Bankruptcy Code 2016, Registration And Compliance, Tax Litigation, Tax PlanningTags Advantage of good cibil score, Apply for a Business Loan, Apply for a Personal Loan, credit card application, Factors Affecting Cibil Score, Importance of Cibil Score, Rejection of Credit Application, What is credit score, Why Cibil Score is important for Personal Loan

Credit score is also named as CIBIL score that is representation of credit worthiness based on your history of credit repayment. Hence it is very crucial to keep your CIBIL score good so as to not to face any rejection of credit application.

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ARBITRATION: AN OVERVIEW

Posted by Adv_AnujPosted on November 12, 2021November 15, 20210 CommentsCategories Cross Border Advisory, Debt Recovery Management, Insolvency & Bankruptcy Code 2016, Legal AdvisoryTags arbitration execution proceedings, Arbitration proceedings in India, How a credit information company work, how arbitration works, process of appointment of the arbitral tribunal, role of court in arbitration proceedings, steps in arbitration proceedings in india, what is arbitration

In arbitration, whenever a civil dispute arises between two or more parties it is referred to the sole arbitrator or tribunal or three or more arbitrators, which always will be in odd numbers.

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Complaint can be filed against subvention scheme violation under RERA

Posted by Adv. AarshiPosted on November 2, 2021November 13, 20210 CommentsCategories Authentic Legal Advice, Corporate Litigation-All In Way, Cross Border Advisory, Grievance Redressal, Insolvency & Bankruptcy Code 2016, Registration And Compliance, RERA ConsultingTags Complaint against subvention scheme under RERA, Complaint filed against subvention scheme violation under RERA, dispose of the RERA Complaints, Legal Remedy for Homebuyers if Builder company go insolvent, Remedies under RERA, Remedy for homebuyers under RERA Act, Subvention Scheme under RERA, subvention scheme violation under RERA, supreme court judgement on subvention scheme

The RERA Authority has the power to decide and dispose of the complaints as RERA is the best and most expeditious remedy for homebuyers to get justice from the builder when they violate the subvention scheme and delays the possession.

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The Credit Information Companies and ‘Credit Score’

Posted by AdminPosted on October 31, 2021November 13, 20210 CommentsCategories Corporate Litigation-All In Way, Debt Recovery Management, Insolvency & Bankruptcy Code 2016, Legal AdvisoryTags Credit Information Companies in India, Credit Information System Act, Disputes of business of credit information, Functions of credit information companies, How a company manage credit information, How a credit information company work, how to get credit information report, What is credit Information Report

A credit history is considered as a record of a borrower’s repayment of debts. Being a record of the borrower’s credit history from numerous sources, including banks, credit card companies, collection agencies, and governments.

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Summary suit for Recovery of Money

Posted by Adv. Shanu LambaPosted on October 29, 2021October 31, 20210 CommentsCategories Authentic Legal Advice, Corporate Litigation-All In Way, Debt Recovery Management, Insolvency & Bankruptcy Code 2016Tags How to file suit for recovery of money, How to file Summary Suit, how to initiate a summary suit, Legal procedure to file summary suit, recovery suit under order 37 of CPC, suit recovery of money, Summary suit for Recovery of Money, Summary suit Proceedings, What is the limitation for filing suit for recovery of money?, What is the procedure for summary suit

summary suits are straightforward and ease to go for the plaintiff and stiffer for the defendant to defend as comparative to ordinary suits.

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No modification or withdrawal of resolution Plan after submission to NCLT : SC

Posted by Adv. Shanu LambaPosted on October 20, 2021October 28, 20210 CommentsCategories Corporate Litigation-All In Way, Debt Recovery Management, Government Advisory, Insolvency & Bankruptcy Code 2016, Legal AdvisoryTags Appeal against the NCLAT Order, Application of modification of Resolution plan, Application of withdrawal of Resolution plan, NCLT rejected the application for approval of Resolution Plan, order passed by NCLAT, Resolution Applicant under IBC, Resolution Plan approved by the NCLT, resolution plan cannot be withdrawn, Resolution Plan submitted for approval, Resolution Plan submitted for approval of NCLT, Resolution Plan under IBC, Withdrawal of Resolution Plan after COC Approval

The Adjudicating Authority cannot allow or approve the application regarding modifications or withdrawals of CoC-approved Resolution Plans once the plan has been submitted before NCLT.

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Security cheque under the purview of section 138 negotiable instruments act, 1881

Posted by Adv. Shanu LambaPosted on October 19, 2021October 25, 20210 CommentsCategories Authentic Legal Advice, Corporate Litigation-All In Way, Cross Border Advisory, Insolvency & Bankruptcy Code 2016, Legal AdvisoryTags 138 ni act cheque given as security, dishonour of Security Cheques, dishonouring cheque given as security cannot be held liable, misuse of security cheque, offence under section 138 of NI Act, security cheque bounce case in india, security cheque section 138, supreme court judgement on security cheque, What is security cheque

Dishonour of “Security Cheques” is not an offence. A Security Cheque is a cheque issued to a drawee as security or surety, not issued against the repayment of the loan.

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