Courts will not tolerate abuse of the business rescue process as a defence against winding up

Faced with a debtor who (i) had repeatedly acknowledged indebtedness yet failed to pay; (ii) argued that the business rescue application lodged on the eve before the liquidation hearing (which application was only issued minutes before the hearing) suspended the progress of the liquidation application; and (iii) raised jurisdictional objections, the Western Cape High Court…

EU Inc.: A new harmonised corporate legal regime

Following the Political Guidelines 2024–2029 of the European Commission and the mission letter of the Commissioner for Democracy, Justice and the Rule of Law, the Commission’s January 2025 Competitiveness Compass announced the creation of a “28th regime” as part of a broader strategy to strengthen the competitiveness of the European economy. The objective is to…

NCLT Admits Insolvency Plea [Read Order]

The National Company Law Tribunal (NCLT), Ahmedabad Bench, has admitted an insolvency petition, initiating the Corporate Insolvency Resolution Process(CIRP) over unpaid operational dues. Also found that the corporate debtor defaulted on payments amounting to ₹5.86 crore, including contractual interest, even after service of a statutory demand notice under Section 8 of the Insolvency and Bankruptcy…

He went bankrupt, and his family dubbed him a failure. How his name got printed on the wrappers of one of the most popular chocolate brands |

He failed more than once before he found his footing, a young confectioner whose early ventures collapsed under financial strain and inexperience. Each setback chipped away at his resources but quietly strengthened his resolve. Instead of stepping away, he studied what went wrong, refined his craft, and returned with sharper focus. Those early failures became…

NCLT on invocation of personal guarantee under Section 95 IBC

National Company Law Tribunal, Hyderabad Bench: In an application filed under Section 95, Insolvency and Bankruptcy Code, 2016 (IBC) by Bank of Baroda (Financial creditor) seeking initiation of personal insolvency resolution process (PIRP) against the personal guarantor of Vijay Home Appliances Ltd., the Bench of Rajeev Bhardwaj, Member (Judicial), and Sanjay Puri, Member (Technical), held…