Notes on Indian law filed under Insolvency, published by Juris Eagle.https://juriseagle.com/insights/practice/insolvencyen-inMon, 09 Nov 2026 12:40:42 GMThttps://juriseagle.com/disclaimerhttps://juriseagle.com/insights/drug-licences-and-trial-data-when-a-pharma-company-enters-insolvencyhttps://juriseagle.com/insights/drug-licences-and-trial-data-when-a-pharma-company-enters-insolvencyWhen a pharmaceutical or biotechnology company enters the corporate insolvency resolution process (CIRP) under the Insolvency and Bankruptcy Code, 2016 (the Code), its drug manufacturing licence and clinical trial permission are not suspended or terminated on the ground of insolvency while current dues are paid, under the Explanation to section 14(1) inserted in 2020. Neither the Drugs Rules, 1945 nor the New Drugs and Clinical Trials Rules, 2019 (NDCT Rules) transfers either grant, and their record retention periods keep running through the process. Section 31(5), in force since 26 May 2026, protects a licence tied to an approved resolution plan. Patents are intangible assets that belong in the information memorandum and the valuation under the Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016 (CIRP Regulations), while trial data has no named place in either.Sat, 07 Nov 2026 00:00:00 GMTAdv. Adithya Karthik KBanking, Insolvency & DRTinsolvencycivil-disputeshttps://juriseagle.com/insights/what-an-allottee-can-do-when-a-developer-does-not-deliver-rera-ibc-and-consumer-routeshttps://juriseagle.com/insights/what-an-allottee-can-do-when-a-developer-does-not-deliver-rera-ibc-and-consumer-routesAn allottee whose developer has not delivered a flat can ask, under section 18 of the Real Estate (Regulation and Development) Act, 2016 (RERA Act), either for the money back with interest or, staying in the project, for interest for every month of delay, at the rate in rule 16 of the Karnataka Real Estate (Regulation and Development) Rules, 2017, which is the State Bank of India highest marginal cost of lending rate plus two per cent. Compensation goes to an adjudicating officer under section 71, and an appeal lies to the Real Estate Appellate Tribunal within sixty days, where a promoter must first deposit the amount payable to the allottee, or at least 30 per cent of any penalty, or both, under the proviso to section 43(5). Money raised from an allottee is financial debt under section 5(8)(f) of the Insolvency and Bankruptcy Code, 2016 (IBC), so the allottee is a financial creditor under section 5(7), but a joint insolvency application needs 100 allottees of the project or 10 per cent of them, whichever is less. An allottee who bought the flat other than for a commercial purpose is a consumer under the Consumer Protection Act, 2019, and until an insolvency moratorium intervenes that route stays open alongside, before the District Commission up to INR 50 lakh paid, the State Commission up to INR 2 crore and the National Commission above that.Sat, 07 Nov 2026 00:00:00 GMTAdv. Adithya Karthik KReal estate and RERArera-and-real-estateinsolvencyhttps://juriseagle.com/insights/financial-creditor-section-7-application-nclthttps://juriseagle.com/insights/financial-creditor-section-7-application-ncltA financial creditor starts corporate insolvency against a company by an application under section 7 of the Insolvency and Bankruptcy Code, 2016 before the National Company Law Tribunal, resting on a default of at least INR 1 crore and, for allottees of a real estate project or creditors in a class under section 21(6A)(a) or (b), on a joint application by the lesser of 100 creditors or 10 per cent of the class. Since 26 May 2026 section 7(5) says the Tribunal shall pass its order within 14 days and must admit the application where a default, a complete application and a proposed resolution professional free of disciplinary proceedings are shown, with no other ground of rejection, and on admission the moratorium under section 14 and the interim resolution professional take effect.Mon, 02 Nov 2026 00:00:00 GMTAdv. Adithya Karthik KBanking, Insolvency & DRTinsolvencycivil-disputeshttps://juriseagle.com/insights/ibc-amendment-half-in-forcehttps://juriseagle.com/insights/ibc-amendment-half-in-forceThe Insolvency and Bankruptcy Code (Amendment) Act, 2026 received assent on 6 April 2026, and most of it commenced on 26 May 2026. The two chapters that drew the loudest commentary, the creditor-initiated insolvency resolution process and group insolvency, were left out of the commencement notification and are not law today.Wed, 16 Sep 2026 00:00:00 GMTAdv. Harsha Swaroop PBanking, Insolvency & DRTinsolvencybanking-sarfaesi-drt2024 Juris Eagle. This website is intended solely for informational purposes and does not constitute solicitation or advertisement under applicable Bar Council regulations. The transmission or receipt of information through this platform does not create an advocate-client relationship. Legal advice is rendered only upon formal written engagement with the firm.