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INSOL India is an independent leadership body representing practitioners and other associated professionals specialising in the fields of restructuring, insolvency and turnaround. It is an association with an architecture that facilitates key stakeholders to come together and share experiences while preserving their independence. |
Welcome to INSOL India Newsletter Volume III, Issue SEPT - OCT | Oct 28, 2026
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In this edition
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Articles
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Harmonizing Debt Assignment and SARFAESI Recovery: Supreme Court Clears the Air on Transferred Loans |
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STAMP OR SCRUTINY? THE ADJUDICATING AUTHORITY’S JURISDICTION OVER A REPAYMENT PLAN UNDER SECTION 114 OF THE IBC |
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Examining the Tussle between - Doctrine of Commercial Wisdom and Judicial Review in IBC: Torrent Power Ltd. v. Ashish Arjun Kumar Rathi & Others, 2024 |
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When a Fake Precedent Makes a Real Judgment Void: Reassessing the SC’s Zero-Tolerance Rule for AI Hallucinations |
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Does the Admission Stage Have No Room for the Collective Interest? |
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Section 65 Finds an Applicant - The IBBI Discussion Paper of 14 August 2026 |
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Access To Part III Of The Code: Personal Guarantor Decisions Of July 2026 |
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When a Film's Release Becomes “Financial Debt”: Inside the Reliance Entertainment Insolvency Order |
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News
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Avarsekar & Sons Private Limited & Ors. Vs. Assets Care and Reconstruction Enterprises Limited & Anr. |
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Kanwal Chaudhary Vs. Insolvency and Bankruptcy Board of India & Ors. [W.P.(C) 9410/2021] (Delhi High Court, 13.08.2026) |
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Hazel Mercantile Limited & Ors. Vs. Insolvency and Bankruptcy Board of India & Ors. |
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Catalyst Trusteeship Limited & DCB Bank Limited Vs. Suman Kumar Verma, Interim Resolution Professional of Swastik Homebuild Private Limited |
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Sumit Bansal & Ors. Vs. Rajeev Lochan, Resolution Professional of M/s RG Residency Private Limited |
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Sun Paper Limited Vs. S. Dhanapal, Liquidator of M/s Servalakshmi Paper Limited |
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Srinivasa Reddy Velagala Vs. Sravanthi Infratech Private Limited |
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Jagmohan Garg Vs. National Spot Exchange Limited & Anr. [Application No. 1749 of 2024 and connected matters; 2026:BHC-AS:34126] (Bombay High Court, 18.08.2026) |
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Davis Koottala Varkey & Ors. Vs. Samson T. George & Ors. |
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Avarsekar & Sons Private Limited & Ors. Vs. Assets Care and Reconstruction Enterprises Limited & Anr.
An ARC can become a holder in due course under the NI Act.
Avarsekar & Sons Private Limited & Ors. Vs. Assets Care and Reconstruction Enterprises Limited & Anr. [Criminal Writ …
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Kanwal Chaudhary Vs. Insolvency and Bankruptcy Board of India & Ors. [W.P.(C) 9410/2021] (Delhi High Court, 13.08.2026)
An Insolvency Professional is governed by the forward charge mechanism provided for in the Goods and Service Tax instead of the reverse charge mechanism as applicable to the …
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Hazel Mercantile Limited & Ors. Vs. Insolvency and Bankruptcy Board of India & Ors.
IBBI is allowed to levy a regulatory fee under Rule 31A of the CIRP Regulations
Hazel Mercantile Limited & Ors. Vs. Insolvency and Bankruptcy Board of India & Ors. [Writ Petition …
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Catalyst Trusteeship Limited & DCB Bank Limited Vs. Suman Kumar Verma, Interim Resolution Professional of Swastik Homebuild Private Limited
Appointment and confirmation of an IRP as the RP is the sole responsibility of the COC, the tribunal can only intervene in special circumstances.
Catalyst Trusteeship Limited & DCB …
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Sumit Bansal & Ors. Vs. Rajeev Lochan, Resolution Professional of M/s RG Residency Private Limited
9.
Flat purchasers who sought a refund through arbitration and Section 138 of the NI Act, proceedings cannot also claim allottee status to be classified as financial creditors.
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Sun Paper Limited Vs. S. Dhanapal, Liquidator of M/s Servalakshmi Paper Limited
Proponent Choosing To Withdraw After Non%u2011Acceptance Of Scheme In Liquidation Cannot Be Forced To Pay EMD.
Sun Paper Limited Vs. S. Dhanapal, Liquidator of M/s Servalakshmi …
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Srinivasa Reddy Velagala Vs. Sravanthi Infratech Private Limited
The period of limitation does not run ad-infinitum under the Insolvency and Bankruptcy Code, 2016. Even though the debt may cause an injury, it stops becoming a legal damage once the period of …
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Jagmohan Garg Vs. National Spot Exchange Limited & Anr. [Application No. 1749 of 2024 and connected matters; 2026:BHC-AS:34126] (Bombay High Court, 18.08.2026)
The interim moratorium under section 96 of the IBC covers only the debtor’s own debts; it does not stay a director’s prosecution under sections 138 and 141 of the NI Act for …
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Davis Koottala Varkey & Ors. Vs. Samson T. George & Ors.
Davis Koottala Varkey & Ors. Vs. Samson T. George & Ors. [Civil Appeal arising out of Special Leave Petition (C) No. 18523 of 2026] (05.08.2026)
The appeal challenged the order …
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Harmonizing Debt Assignment and SARFAESI Recovery: Supreme Court Clears the Air on Transferred Loans
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→
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STAMP OR SCRUTINY? THE ADJUDICATING AUTHORITY’S JURISDICTION OVER A REPAYMENT PLAN UNDER SECTION 114 OF THE IBC
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→
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Examining the Tussle between - Doctrine of Commercial Wisdom and Judicial Review in IBC: Torrent Power Ltd. v. Ashish Arjun Kumar Rathi & Others, 2024
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→
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When a Fake Precedent Makes a Real Judgment Void: Reassessing the SC’s Zero-Tolerance Rule for AI Hallucinations
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→
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Does the Admission Stage Have No Room for the Collective Interest?
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→
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Section 65 Finds an Applicant - The IBBI Discussion Paper of 14 August 2026
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→
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Access To Part III Of The Code: Personal Guarantor Decisions Of July 2026
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→
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When a Film's Release Becomes “Financial Debt”: Inside the Reliance Entertainment Insolvency Order
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→
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E-Newsletter Editorial Board
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Founder & Managing Partner, Equilex
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Partner, Shardul Amarchand Mangaldas
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Partner, PwC India
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Partner, Dentons Link Legal
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Senior Partner with DSK Legal
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Managing Associate, Chandhiok & Mahajan
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Assistant Professor - Faculty of Law, University of Delhi
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Disclaimer
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INSOL India is a society registered under the provisions of Societies Registration Act XXI of 1860. A certificate to this effect was issued by the Registrar of Societies, Government of National Capital Territory of Delhi on 11th January 2000.
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The formation of INSOL India fulfilled the long cherished desire of the members of the legal fraternity, chartered accountants, company secretaries and other persons, bodies and institutions in India, to have an association to promote closer co-operation, exchange of ideas, dissemination of information and an empathetic understanding of law of insolvency and related laws.
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contact@insolindia.com
www.insolindia.com