Author: Ashwarya Sharma, Advocate, Co-Founder & Legal Head, RB LawCorpPublished on: 01/07/2026 Introduction: Can a Statutory Attachment Survive Insolvency? One of the most contentious questions in insolvency jurisprudence has been whether a statutory authority, having failed to participate effectively in insolvency proceedings, can later assert a prior attachment or statutory…
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IBC’s Primacy Over the Electricity Act and the Extinguishment of Pre-CIRP Claims
Author: Ashwarya Sharma, Advocate, Co-Founder & Legal Head, RB LawCorpPublished on: 09/06/2026 Introduction: Can Statutory Authorities Revive Old Claims After CIRP Ends? One of the most fundamental promises of the Insolvency and Bankruptcy Code, 2016 (“IBC”) is certainty. The Corporate Insolvency Resolution Process (“CIRP”) is designed not merely to resolve…
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Moratorium under the IBC
Author: Ashwarya Sharma, Advocate, Co-Founder & Legal Head, RB LawCorpPublished on: 26/05/2026 Introduction: The Protective Shield of Insolvency Law The Insolvency and Bankruptcy Code, 2016 (“IBC”) was enacted with a transformative objective — not merely recovery of debts, but preservation and revival of financially distressed corporate entities as going concerns.…
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When Water Becomes Electricity
Author: Ashwarya Sharma, Advocate, Co-Founder & Legal Head, RB LawCorpPublished on: 14/05/2026 Introduction: Constitutional Limits on Fiscal Innovation Constitutional law has always evolved alongside changing economic realities, legislative experimentation, and judicial scrutiny. Even after decades of constitutional governance, disputes concerning legislative competence and taxing powers continue to remain among the…
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Beyond the Register of Members: Re-defining “Membership” in Oppression and Mismanagement Proceedings under Company Law
Author: Ashwarya Sharma, Advocate, Co-Founder & Legal Head, RB LawCorpPublished on: 12/05/2026 Introduction: When Corporate Reality Extends Beyond Statutory Records The doctrine of separate legal personality and the statutory framework governing company membership have traditionally placed significant emphasis on formal corporate records, particularly the register of members. However, modern commercial…
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Director’s Liability Revisited: Supreme Court Clarifies the Limits of Vicarious Responsibility Across Fiscal Laws
Author: Ashwarya Sharma, Advocate, Co-Founder & Legal Head, RB LawCorpDate: 28/04/2026 Introduction: When Responsibility Is Assumed Without Role In an era of heightened regulatory scrutiny and aggressive enforcement, directors are increasingly being drawn into litigation for acts carried out in the name of the company. This expanding net of liability…
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Reining in Misuse of IBC for Recovery
Author: Ashwarya Sharma, Advocate, Co-Founder & Legal Head, RB LawCorpDate: 27/04/2026 Introduction: When Insolvency Becomes a Tool for Recovery The jurisprudence under the Insolvency and Bankruptcy Code, 2016 has consistently evolved to maintain a clear distinction between insolvency resolution and debt recovery. Yet, in practice, this boundary is often tested,…
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Supreme Court Clears Path for Single Insolvency Proceedings Against Linked Group Companies
Author: Ashwarya Sharma, Advocate & Co-Founder, RB LawCorpAssisted by: Rishabh Singh, Principal Associate – IBCDate: 18/02/2026 Introduction: When Corporate Form Cannot Defeat Commercial Reality One of the recurring tensions under the Insolvency and Bankruptcy Code, 2016 (IBC) has been the rigid application of corporate separateness in situations where business operations…
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A Landmark Ruling Reshaping the IBC Framework
By Ashwarya Sharma, Advocate | Co-Founder & Legal Head, RB LawCorp In Kalyani Transco v. Bhushan Power & Steel Ltd., the Supreme Court quashed an already-approved resolution plan and ordered liquidation, invoking Article 142 of the Constitution. This marks a turning point in insolvency law enforcement. Key Highlights: Conclusion: This…
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Doctrine of clean slate and extinguishment of claims under IBC vis-à-vis the power of the sovereign to levy taxes
Recently, the Andhra Pradesh High Court in Patanjali Foods Limited v. Assistant Commissioner ST FAC and Others (Writ Petition No: 28529/2023 and Writ Petition No: 4944/2024) pronounced a significant judgement having far reaching impact on rights of a successful resolution applicant under the Insolvency and Bankruptcy Code, 2016 (‘IBC’) vis-à-vis the power of the sovereign to…