Libertatem Magazine

NikunjMehta

NikunjMehta

Reverse Corporate Insolvency Resolution Procedure [Reverse CIRP]: A Novel Experiment Conducted By The NCLAT

The Insolvency and Bankruptcy Code, as mentioned in the objects and reasons, was enacted to provide effective resolution procedure for timely resolution of debtors, and to maximise the value of the debtor’s assets. To pursue these objects, it provides a comprehensive procedure, named the Corporate Insolvency Resolution Procedure (CIRP) to

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NCLAT: Is following the Corporate Insolvency Resolution Process under Insolvency and Bankruptcy Code a viable option when the defaulter is an Infrastructure and Real Estate development Company?

This question was addressed by the National Company Law Appellate Tribunal (NCLAT) in the case of in Flat Buyers Association v. Umang Realtech Pvt. Ltd. The case was concerned between the Flat Buyers Association of the Umang Realtech Pvt. Ltd.’s Winter Hill – 77 Gurgaon Project and the Umang Realtech Pvt.

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