Interplay between Moratorium under IBC and issuance of Sale Certificate under SARFAESI Act
As soon as the application of Corporate Insolvency Resolution Process (CIRP) is admitted under Section 7, 9 or 10 of the Insolvency and Bankruptcy Code (IBC/Code), a moratorium in terms of Section 14 of the Code is to be declared by the Adjudicating Authority and a public announcement under Section 13 is made declaring the […]
Withdrawal under Section 12-A IBC: Remedial Mechanism in the Interest of Stakeholders
The sole objective of the Insolvency and Bankruptcy Code, 2016 (IBC or the Code) is to provide an eloquent manner for revival, reorganisation, and resolution of distressed or bankrupt entities/persons in a time-bound manner. The very contemplation, advancing a time-bound mechanism for the resolution process makes it distinct from the previously existing laws relating to […]
