India: Insolvency/Bankruptcy

In India, Insolvency and Bankruptcy Code 2016 (hereinafter referred as "IBC") was introduced with the objective of revival of companies. But over the years, this revival was conditional.

In this episode, Ayush Shukla from INDIALAW LLP decodes the distinction between financial and operational leases under the Insolvency and Bankruptcy Code, 2016.

In a ruling that re-aligns the tension between social-security statutes and insolvency law, the National Company Law Appellate Tribunal (NCLAT), Principal Bench, New Delhi, has held that contributions collected by an employer for the Employees' State Insurance Corporation (ESIC) never become the property of the corporate debtor and must be ring-fenced from the liquidation estate.

The August 2025 edition of Fox & Mandal's newsletter examines RBI's framework for non-fund-based credit facilities; SEBI's proposed streamlining of RPT compliance; MeitY's Business Requirement Document on Consent Management System under the data protection framework; pooling of operational debts to initiate CIRP; ISBs as performance security for AE/IE contracts; and other changes in India's corporate, capital markets, infrastructure, insolvency, and banking sectors.

The Insolvency and Bankruptcy Code, 2016 (IBC/Code) is a landmark legislation which was enacted in 2016 to put in place a consolidated and holistic legal framework for resolution of stressed assets in India.

The Supreme Court's ruling in Kalyani Transco v. M/s Bhushan Power & Steel Ltd. & Ors. addresses whether procedural irregularities that occur during the Corporate Insolvency Resolution Process are sufficient to undo an approved resolution plan under the Insolvency and Bankruptcy Code, 2016.

Comprehensive Economic and Trade Agreement ("CETA") signed between India and United Kingdom ("UK")

The Supreme Court in Sincere Securities Pvt. Ltd. & Ors. v. Chandrakant Khemka & Ors. (2025 INSC 931)reaffirmed the primacy of the Committee of Creditors' (CoC) commercial wisdom...

This blog examines the legal and practical challenges arising from the disconnect between India's Insolvency and Bankruptcy Code (IBC) and its commitments under the Cape Town Convention.