ManuScript Details
|
Paper Id:
|
IJARW3224
|
|
Title:
|
CORPORATE INSOLVENCY IN INDIA: BALANCING CREDITOR REMEDIES, DEBTOR PROTECTION, AND RESOLUTION OBJECTIVES
|
| Published in: |
International Journal Of All Research Writings |
| Publisher: |
IJARW |
| ISSN: |
2582-1008 |
| Volume / Issue: |
Volume 8 Issue 3 |
| Pages: |
6
|
| Published On: |
10/16/2026 3:49:27 AM (MM/dd/yyyy) |
Main Author Details
|
Name:
|
Dr. Ram Charan Meena |
| Institute: |
Pandit Deendayal Upadhyaya Shekhawati University, Sikar, Rajasthan. |
Co - Author Details
| Author Name |
Author Institute |
Abstract
|
Research Area:
|
Law and Legislature |
| KeyWord: |
Bancrupcy Laws, IBC, Insolvency, Banking Code |
| Abstract: |
The Insolvency and Bankruptcy Code of 2016 was established to unify and enhance India's insolvency system, facilitating prompt resolutions while safeguarding the worth of troubled enterprises. Over time, Indian judiciary and the bankruptcy authority have consistently encountered instances when insolvency procedures are purportedly initiated not for authentic resolution but as a means for debt recuperation, extortion, evasion of regulations, or strategic dominance over business assets. This issue has gained fresh importance in 2026 due to the Insolvency and Bankruptcy Code (Amendment) Act, 2026, and the September 2026 circular from the Insolvency and Bankruptcy Board of India regarding due diligence on the misuse of the IBC framework. The legal precedents set by the Supreme Court, notably in GLAS Trust Co. LLC v. BYJU Raveendra and Anjani Technoplast Ltd. v. Shubh Gautam, emphasise the differentiation between insolvency resolution and debt collection. This article analyses the developing regulatory and judicial stance on the abuse of insolvency processes, assesses the sufficiency of current protections for corporate debtors and legitimate creditors, and advocates for a more systematic due-diligence framework that harmonises creditor access to insolvency solutions with the primary goal of corporate rehabilitation. |
Citations
Copy and paste a formatted citation or use one of the links to import into a bibliography manager and reference.
|
IEEE
|
Dr. Ram Charan Meena, "CORPORATE INSOLVENCY IN INDIA: BALANCING CREDITOR REMEDIES, DEBTOR PROTECTION, AND RESOLUTION OBJECTIVES", International Journal Of All Research Writings,
vol. 8, no. 3, pp. 138-143, 2026.
|
|
MLA
|
Dr. Ram Charan Meena "CORPORATE INSOLVENCY IN INDIA: BALANCING CREDITOR REMEDIES, DEBTOR PROTECTION, AND RESOLUTION OBJECTIVES." International Journal Of All Research Writings,
vol 8, no. 3, 2026, pp. 138-143.
|
|
APA
|
Dr. Ram Charan Meena (2026). CORPORATE INSOLVENCY IN INDIA: BALANCING CREDITOR REMEDIES, DEBTOR PROTECTION, AND RESOLUTION OBJECTIVES. International Journal Of All Research Writings,
8(3), 138-143.
|
CORPORATE INSOLVENCY IN INDIA: BALANCING CREDITOR REMEDIES, DEBTOR PROTECTION, AND RESOLUTION OBJECTIVES
Number Of Downloads - 1
Last downloaded on 16/10/2026
CORPORATE INSOLVENCY IN INDIA: BALANCING CREDITOR REMEDIES, DEBTOR PROTECTION, AND RESOLUTION OBJECTIVES
Search On Google
