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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Between Limitation and Legitimate Refunds: Karnataka High Court Reconciles Section 54 with Constitutional Remedies under GST
Author: Ashwarya Sharma, Advocate, Co-Founder & Legal Head, RB LawCorpPublished on: 21/05/2026 1. Introduction The decision of the Division Bench of the Hon’ble Karnataka High Court in Assistant Commissioner of Central Taxes, Bengaluru v. Merck Life Science Pvt. Ltd. (2026-VIL-284-KAR) is an important pronouncement on the evolving jurisprudence surrounding refund…
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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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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…