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Section 7(5)(a) of IBC pertaining to the initiation of the CIRP by a financial creditor, is a mandatory or discretionary provision ?

INTRODUCTION The recent judgment passed in the case of Vidarbha Industries Power Limited v. Axis Bank Limited by the Supreme Court addressed the issue of whether Section 7(5)(a) of the Insolvency and Bankruptcy Code, 2016, (IBC) which pertains to the initiation of the Corporate Insolvency Resolution Process (CIRP) by a financial creditor, is a mandatory

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Mitigating supply chain insolvency risk

Careful contract negotiation can limit the potential damage from insolvency in a construction firm’s supply chain The construction industry suffered the highest number of company insolvencies in the first half of 2022, with 2,083 firms entering an insolvency process. This represents a failure rate of just under 1% of total construction companies in the first

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