Litigation & Dispute Resolution

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NCLT clarifies the scope of section 10 of the IBC

In the case of SBM Paper Mills, which had initiated its own Corporate Insolvency Resolution Process under section 10 of the IBC, the NCLT had an occasion to deliniate the scope of section 12A which allowed for closure of the insolvency process through withdrawal of the proceedings.

I had the opportunity to appear for the Corproate Debtor and succesfully sought a closure of the insolvency resolution process.

This was reported, amongst other places, at https://www.bloombergquint.com/law-and-policy/nclt-takes-a-detour-from-ibc-for-a-workable-solution-in-sbm-paper-mills-case

Amir ArsiwalaComment
Prospective nature of section 29A of the Insolvency and Bankruptcy Code, 2016

In a recent decision delivered by the Mumbai Bench of the National Company Law Tribunal, the Judicial Member had occasion to consider whether section 29A of the Insolvency and Bankruptcy Code, 2016 (as introduced by an amendment act) applies to ongoing proceedings.

After evaluating the provisions of the amendment act as well as judicial promouncements on the issue, the Hon'ble Tribunal has ruled that thee amendment act is not retrospective in nature - and will thus only apply to those companies for which insolvency proceedings commenced after the 23rd of November, 2017 (i.e the date from which the amendment is stated to have come into force).

This judgment recently featured in the news, as reported by Varun Marwah for Barandbench.com - https://barandbench.com/nclt-section29a-ineligibility-doesnt-apply-to-ongoing-insolvency-proceedings/

(DISCLAIMER: I appeared on behalf of the resolution applicant and argued in favour of the sanction of the resolution plan)

Amir ArsiwalaComment