All posts tagged: Insolvency and Bankruptcy Code

Why Supreme Court set aside tribunal order

Why Supreme Court set aside tribunal order

Six AI-hallucinated judgments formed the basis for the Supreme Court’s striking down of an order passed by the National Company Law Tribunal (NCLT) on Thursday. Three of the cited judgments did not exist, while the remaining three either did not contain the propositions attributed to them or did not correspond to the context for which they were cited. For instance, the NCLT order cited a 2019 judgment ICICI Bank Ltd v Urban Infrastructure Real Estate Ltd., which did not exist. Along with it, the 2021 case V S Dempo & Co Ltd v Reliance Communications Ltd and the 2022 case Sarbjit Singh v Union Bank of India were also found to be non-existent. Two of the judgments, Everest Kento Cylinders Ltd v Union of India (2015) and Canara Bank v N G Subbaraya Setty (2018), were genuine, but the passages quoted from them are not found in the judgments themselves. The sixth judgment, State Bank of India v M/s Shree Ram Urban Infrastructure Ltd, 2020 SCC OnLine SC 341, corresponded to a different case, namely …

Insolvency and Bankruptcy Code prevails over apex court rules in case of conflict: Supreme Court

Insolvency and Bankruptcy Code prevails over apex court rules in case of conflict: Supreme Court

The Supreme Court has held that where the provisions of the Insolvency and Bankruptcy Code (IBC) conflict with the Supreme Court Rules (SCR), the IBC must prevail, underlining that procedural rules cannot be used to dilute the strict timelines prescribed by Parliament for insolvency proceedings. The judgment came in an appeal filed by a liquidator challenging an order of the National Company Law Appellate Tribunal (NCLAT). (PTI/File) A bench of justices Dipankar Datta and Satish Chandra Sharma ruled that litigants cannot circumvent the rigid limitation regime under the IBC by filing defective appeals merely to save limitation and then curing defects at their convenience. Holding that the insolvency law is a “complete code in itself”, the court dismissed as time-barred an appeal filed by a liquidator after finding delays both in filing and re-filing the matter. “The SCR is the subordinate legislation in the field and whenever the IBC and the SCR clash, the latter cannot override the express provisions of the former. The IBC must prevail being the statutory edict,” held the bench in …

Fresh IBC amendments: How govt looks to plug gaps in insolvency code | Explained News

Fresh IBC amendments: How govt looks to plug gaps in insolvency code | Explained News

The Parliament on Wednesday passed the Insolvency and Bankruptcy Code (Amendment) Bill, 2026. The IBC was enacted in 2016 to create a time-bound mechanism to deal with companies that default on their loans — by reviving them through resolution or liquidating them if resolution is not possible. The amendment seeks to speed up the resolution process and introduces provisions for an out-of-court mechanism, group insolvency and cross-border insolvency. Before this amendment, the IBC had already been amended six times to address the pressing issues of the time and incorporate the needs of the stakeholders. Over the years, the IBC has improved discipline among borrowers and lenders but has also faced criticism over delays, backlog of cases and low recovery rates for banks. To address some of these concerns, the Bill to amend the IBC was introduced in Lok Sabha on August 12, 2025, and referred to a Select Committee on the same day. The committee submitted its report on December 17, 2025 with 11 recommendations. All 11 have been incorporated, along with one by the …