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How Retiring Partners' Accounts Are Settled in a Firm or LLP
Section 37, LLP Section 24(5), books of account under the BSA 2023, appeals without a stay and adverse inference in retiring partner account disputes in India.

Vikrant D. Shetty
31 minutes ago13 min read


Wrongful Trading and Director Liability Under the IBC
Wrongful trading now has a statutory definition under the IBC from 26 May 2026. What the reworked section 66 regime means for director liability in India.

Vikrant D. Shetty
1 day ago11 min read


Who Bears Environmental Remediation Costs After IBC Resolution
Environmental remediation costs after resolution under the Insolvency and Bankruptcy Code, 2016 fall on whoever the approved resolution plan assigns them to; if the plan is silent, the clean slate principle confirmed by the Supreme Court in Ghanashyam Mishra and Sons Private Limited v. Edelweiss Asset Reconstruction Company Limited extinguishes the corporate debtor's pre-resolution environmental liabilities, leaving the cost largely with the government or unaddressed. Section

Vikrant D. Shetty
2 days ago9 min read


Which Restrictive Covenants Survive a Resolution Plan Takeover
Whether non-compete, confidentiality and non-solicitation clauses survive a resolution plan change of control, and what a resolution applicant should require.

Vikrant D. Shetty
2 days ago12 min read


When to Invoke a Performance Guarantee During Contractor CIRP
Performance bank guarantee invocation timing, termination, site plant, retention money and liquidated damages when a construction contractor enters CIRP.

Vikrant D. Shetty
3 days ago15 min read


When Liquidation Yields Better Creditor Outcomes Than CIRP
Liquidation under the Insolvency and Bankruptcy Code, 2016 can yield better creditor outcomes than a prolonged Corporate Insolvency Resolution Process when the corporate debtor holds valuable standalone assets but no viable operating business, or when CIRP costs under Section 53(1)(a) have already eroded much of the recoverable value. Section 33(1) of the Code makes the National Company Law Tribunal order liquidation only where no resolution plan is approved or the committee

Vikrant D. Shetty
3 days ago10 min read


What Triggers Conversion From CIIRP to a Full CIRP?
The 2026 IBC amendment creates five routes from a creditor-initiated process to a full CIRP. What triggers each, who controls it, and how a board tracks them.

Vikrant D. Shetty
4 days ago12 min read


What the NCLT Does and Its Jurisdiction, Powers and Types of Cases
The National Company Law Tribunal (NCLT) is a specialised quasi-judicial body established under Section 408 of the Companies Act, 2013. It replaced the Company Law Board, the Board for Industrial and

Vikrant D. Shetty
4 days ago10 min read


What Sections 31(5) and 31(6) of the IBC Protect After Plan Approval
Sections 31(5) and 31(6) of the IBC, in force since 26 May 2026, protect licences after plan approval and extinguish all prior claims against the debtor.

Vikrant D. Shetty
5 days ago12 min read


What Insolvency Risk Clauses Should Vendor Contracts Include
Drafting insolvency risk clauses into Indian vendor onboarding contracts: credit support, tooling title, escrow, set-off, and what actually survives a CIRP.

Vikrant D. Shetty
5 days ago16 min read


What Happens to an IP Licence When the Licensor Enters CIRP
How an IP licence fares when the licensor enters CIRP under the IBC: executory contracts, ipso facto rights, section 31 plan transfers and the drafting fixes.

Vikrant D. Shetty
6 days ago13 min read


What Franchisees Can and Cannot Do When a Franchisor Enters CIRP
How Indian franchisees should handle a franchisor's CIRP: termination limits, trade mark licences, deposits and the section 31(6) extinguishment of claims.

Vikrant D. Shetty
6 days ago12 min read


What Creditors Can Still Do During a CIIRP Without a Moratorium
A CIIRP under the 2026 IBC amendment brings no automatic moratorium. What creditors may still lawfully do, and how in-house counsel should manage the gap.

Vikrant D. Shetty
Oct 2511 min read


The NCLAT's 45-Day Limit and When Condonation Still Works
An NCLAT appeal under section 61(2) of the IBC is capped at 45 days with no exception; section 421(3) of the Companies Act allows 90. When condonation works.

Vikrant D. Shetty
Oct 2511 min read


TDS Obligations When Paying a Corporate Debtor Under CIRP
A counterparty paying a company in CIRP still owes Chapter XVII-B duties. How TDS, section 194Q, section 197 and section 178 work when the payee is insolvent.

Vikrant D. Shetty
Oct 2412 min read


Supplier Claims and Continued Supply When a Customer Enters CIRP
How an unpaid supplier files a Form B claim when a customer enters CIRP, the fourteen day deadline, late claims, and why post-admission supply ranks first.

Vikrant D. Shetty
Oct 2415 min read


Stamp Duty on IBC Resolution Plans Varies by State
Stamp duty on resolution plans under the IBC varies significantly across Indian states. This article examines state-level inconsistencies, the instruments most commonly affected, and practical considerations for resolution applicants.

Vikrant D. Shetty
Oct 239 min read


Shareholder Oppression and Mismanagement Remedies Before the NCLT
A guide to shareholder disputes, oppression, and mismanagement petitions under the Companies Act 2013 — covering NCLT jurisdiction, Section 241-242 petitions, and winding up.

Vikrant D. Shetty
Oct 2210 min read


Setting Aside Preferential Transactions Under Section 43 of the IBC
A preferential transaction under the Insolvency and Bankruptcy Code, 2016 can be set aside by the National Company Law Tribunal on an application by the resolution professional under Section 43, which reaches transfers within one year before insolvency for unrelated parties and two years for related parties, with Section 44 supplying the remedial orders. The Code prescribes no specific limitation period for filing such an application, so tribunals have applied the residual th

Vikrant D. Shetty
Oct 2211 min read


SEBI LODR Regulation 30 Disclosure of a Counterparty Insolvency
When a vendor or customer enters CIRP, must a listed company disclose it? Regulation 30 materiality thresholds, timelines and the Para A versus Para B line.

Vikrant D. Shetty
Oct 2113 min read
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