RGNUL Financial & Mercantile Law Review

The post,  the Winning Entry of the 6th RFMLR Freshers' Article Writing Competition, 2025 ,  is authored by Nirav Maini , first-year student of B.A. LL.B (Hons.) at the Rajiv Gandhi National University of Law , Punjab . INTRODUCTION The Insolvency and Bankruptcy Code (Amendment) Bill, 2025 (“ The Bill ”) introduces a drastic change, a new Section 28A that allows secured creditors to fold a corporate debtor’s guarantor assets into the debtor’s insolvency estate. Traditionally,

This post is authored by Akshit Dwivedi, a 2nd-year B.A. LL.B. (Hons.) student at Hidayatuallah National Law University, Raipur INTRODUCTION IBC’s​‍​‌‍​‍‌ law is based on the two primary objectives of making the maximum value available to creditors and, at the same time, encouraging the revival of the companies that are in distress. In light of this, the introduction of Section 32A in 2019 represented a major shift: a corporate debtor is entitled to statutory immunity from of

This post is authored by Mahak Yadav and Nikhil Ranjan, 3rd-year students at National Law Institute University, Bhopal INTRODUCTION The Supreme Court’s decision in Kalyani Transco v. Bhushan Power and Steel Ltd. & Ors.   (JSW BPSL) is a significant turning point in Indian insolvency law. It addresses the primary conflict between commercial pragmatism and procedural rigidity under the Insolvency and Bankruptcy Code, 2016 (IBC). This case emanated from the protracted insolvency

This post is authored by Vibha Patel, 3rd Year, B.Com LL.B. (Hons.) student at Tamil Nadu National Law University, Tiruchirappalli and Nitin Raj, 4th Year, B.B.A. LL.B. (Hons.) student at Symbiosis Law School, Pune INTRODUCTION The Insolvency and Bankruptcy Code 2016 (“IBC”)  changes how insolvency is handled in India by focusing on revival of businesses instead of just closing them. It aims to protect companies while also making sure creditors get paid . Section 14 , which c

This post is authored by Harshit Sharma and Raghav Agrawal, 2nd-year students at Hidayatullah National Law University, Raipur    Introduction On 8 September 2025, the National Company Law Appellate Tribunal  ( NCLAT ), in its judgment in Expert Realty Professionals v. Logix Infrastructure , reinforced the jurisdiction of the National Company Law Tribunal ( NCLT ) to recall an admitted insolvency proceeding, if vitiated by fraud or malicious intent under Section 65 of the In

This post is authored by Vishvajeet Rastogi, 2nd year B.B.A. LL.B. (Honours) student at CNLU, Patna. 1. INTRODUCTION Information...