In this episode of VListen, we unpack one of India’s most intricate corporate insolvency battles — the saga of Bhushan Power and Steel Limited (BPSL) and JSW Steel.
Join host Prakul Thadi as we explore how the Supreme Court of India delivered three landmark judgments in this case:
Rejecting the Resolution Plan initially due to implementation delays,
Recalling its own order in a rare judicial course correction, and
Delivering a decisive verdict upholding the Resolution Plan, reaffirming the primacy of the Committee of Creditors’ commercial wisdom and the core purpose of the Insolvency and Bankruptcy Code (IBC).
We break down the legal rationale, highlight critical judicial principles, and explain why this saga is a landmark in corporate insolvency jurisprudence.
🎧 Listen to this episode for:
Detailed timelines and case facts
Judicial reasoning behind the Supreme Court’s decisions
Lessons for insolvency professionals, lawyers, and corporate stakeholders
VListen — your companion for deep insights into insolvency, corporate law, and landmark judgments.
Dive into the groundbreaking Supreme Court ruling on Byju’s insolvency case, which redefines the use of Rule 11 and reaffirms the importance of procedural safeguards under Section 12A of the IBC. This episode unpacks the legal nuances, critiques the NCLAT’s approach, and highlights the limitations of inherent powers of Tribunals when procedural framework is laid out under the law.
In this episode of VListen, host Prasanna delves into the Hon’ble NCLAT’s ruling in Murlidhar Vincom Pvt. Ltd. vs. Skoda (India) Pvt. Ltd. Can unallotted share application money be considered financial debt under the Insolvency and Bankruptcy Code, 2016? Join us as we break down the arguments, legal interpretations, and the court’s decision in this landmark case. Perfect for legal professionals, students, and anyone interested in insolvency law!
In this episode, we explore the legal intricacies of whether the Income Tax Department can issue a reassessment notice after a resolution plan has been approved under the Insolvency and Bankruptcy Code (IBC). Using the recent case of Asian Colour Coated Ispat Ltd. vs. Assistant Commissioner of Income Tax as our case study, we discuss the Delhi High Court’s judgment and the broader implications for corporate debtors, creditors, and tax authorities.
Key highlights:
• What happens when tax notices arrive after insolvency resolution?
• The role of the resolution plan in closing past claims and liabilities.
• Important legal precedents set by the Supreme Court.
Tune in to stay informed on the complex overlap between insolvency and tax law. Don’t forget to subscribe to VListen for more insights on corporate governance, insolvency, and finance!
In this episode, Sarthika summarises the amendments made to CIRP Regulations by IBBI.
In this insightful episode of VListen, we unravel the intricacies of directorial liability amidst the protective shield of moratorium provided under the Insolvency and Bankruptcy Code (IBC). The Hon'ble Supreme Court's rulings in pivotal cases shed light on the nuanced legal landscape, challenging the common perception that directors are immune during a company's Corporate Insolvency Resolution Process (CIRP).
Join us as we delve into key judgments, including the landmark P. Mohanraj vs. Shah Bros. Ispat (P) Ltd., where the Supreme Court clarified the scope of the moratorium and its impact on individual liability. We explore how these legal principles were reiterated in cases like Anjali Rathi and others vs. Today Homes and Infrastructure Pvt. Ltd. and Others, and most recently, Ansal Crown Heights Flat Buyers Association v/s. M/s. Ansal Crown Infrabuild Pvt. Ltd. & Ors.
The episode also unravels a compelling case where homebuyers sought justice before the National Consumer Disputes Redressal Commission (NCDRC), highlighting the practical implications of the Supreme Court's rulings.
Tune in to gain a comprehensive understanding of how the Supreme Court navigates directorial liability beyond the IBC moratorium, providing clarity on the legal dynamics within insolvency proceedings.
For legal enthusiasts, professionals, and anyone intrigued by the intersection of law and business, this episode is a must-listen.
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In this episode, Katyayni touches upon an important aspect of avoidance transactions covering the Supreme Court's take on availing remedies against third parties under Section 66 of the Insolvency and Bankruptcy Code, 2016.
Welcome to another enlightening episode of our podcast!
In this episode CS Ankita Pugalia delves into the position of law on maintainability of CIRP Applications against Co-Borrowers.
In this episode, we discuss the NCLAT order in Jet Airways wherein the treatment of PF dues in a resolution plan is examined.
In this episode, Sravya provides case brief of a NCLT order disallowing conversion of slump sale into sale as a going concern.
IBC is dynamic legislation with amendments made to the Act and the Regulations thereof at regular intervals. The IBBI had, on September 16, 2022, made vital amendments to the CIRP Regulations. In this video, Mr. Bendi Raviteja, Partner at VIRA Legal LLP discusses the said amendments.
In this episode, Aditya explains the unending saga of Amazon & Reliance over acquiring future group and the recent ruling of NCLT admitting Future Retail in to CIRP.
In this episode Aditya analyses the complexities in claims of Compulsorily Debenture Holders.
In this episode, Prakul presents the case brief of the recent Supreme Court ruling in the matter of Siva Industries and Holdings Limited upholding the commercial wisdom of CoC in considering withdrawal of CIRP under Section 12 of Insolvency and Bankruptcy Code, 2016.
In this episode, we talk about the requirement of obtaining approval from CCI for combinations proposed under resolution plans and more importantly as to the timing of obtaining such approval.
In this episode of VListen, Mr Shivam Singhal explains the status of insufficiently stamped documents for admission of Section 7 Application under IBC especially where the existence of debt and default can be proven without relying on such documents.
In this brand new episode, Mr Prakul quickly analyses the current position of law in treating the creditors whose security interest has not been registered as charge with the RoC.
In this episode, Mr Bendi Raviteja touches upon the contentious issue of interest portion of operational debt highlighting the contradictory rulings of the NCLTs in India.
It is still a matter of debate as to whether NCLT or DRT exercises jurisdiction for initiation of Insolvency Resolution Process or Bankruptcy Process against the Personal Guarantor to the Corporate Debtor when there is no pending CIRP or Liquidation Process against such Corporate Debtor.
In this episode Mr Kunwarpreet Singh, Partner at Prakul & Kunwarpreet LLP (P&K) explains the current position of law in this regard!
The Hon'ble NCLT, Principal Bench in the matter of UKG Steel Private Limited Vs. M/s. Erotic Buildcon Private Limited held that loan advanced by Financial Creditor in violation of Section 186 of Companies Act, 2013 leads to a debt which cannot be legally enforceable and thereby dismissed the CIRP Application filed under Section 7 of IBC, 2016.
Mr Yashraj Singh summarised the order and its rationale and leaves us with a food for thought as to whether this order is a wakeup call for companies who are advancing loans by violating section 186 of Companies Act 2013.