Tranzission

Best book for insolvency professional exam

Table of Contents

The Insolvency and Bankruptcy Code, 2016 (IBC) is one of India’s most dynamic pieces of legislation, frequently amended, broadly interpreted by courts, and applied to corporate insolvency resolution processes (CIRP), liquidation, personal insolvency, and so on. For the Insolvency Professionals (IP) aspirants, passing the Limited Insolvency Examination (LIE) requires more than just reading the bare provisions; it also requires a thorough understanding of how the law has evolved through all 72 prescribed case laws, making study material selection critical. Despite the abundance of resources available, the real challenge is determining what is reliable, current, and truly exam-relevant. This is important given the nature of the LIE, which is  application-driven, requiring conceptual clarity, case law recall, and the ability to interpret provisions. Relying on scattered notes or out-of-date books frequently results in gaps in preparation, particularly in high-stakes areas such as case law and personal bankruptcy. A structured, syllabus-aligned approach with the appropriate resources is the difference between multiple attempts and passing the exam in one sitting. Dr. Ashish Makhija — SJD, FCA, FCMA, LLM (USA), LLM (India), Registered IP and Advocate — has authored 16 best-selling books on IBC, and this guide is built around his publications, trusted by over 3,500 LIE aspirants across India.

How to choose an IBC book  what actually matters 

Before listing any book, it is necessary to establish the evaluation criteria. This not only clarifies your preparation strategy, but also prevents you from wasting time on resources that appear comprehensive but fail to deliver results where it counts—the exam and practical application.

Syllabus alignment: 

A good IBC book should be updated to the February 2025 / Phase 9 LIE syllabus, as the law is constantly evolving and even minor changes or additions can be tested. Outdated books frequently omit critical provisions and updates, resulting in gaps that directly affect your score.

Author credibility: 

The author’s credibility is important because books written by practicing intellectual property lawyers reflect how the law is actually applied before the National Company Law Tribunal (NCLT) or National Company Law Appellate Tribunal (NCLAT), as opposed to purely academic texts that may lack practical insight.

Case law coverage: 

Complete coverage of all 72 IBBI-prescribed case laws, including proper facts, issues, and ratios, is critical, as selective or incomplete coverage is one of the most common reasons aspirants struggle in LIE.

Format for recall:

The book’s format should encourage quick comprehension and strong recall, as structured analysis, keywords, and concise summaries perform far better under exam pressure than dense and unstructured legal text.

Purpose fit

The usefulness of a book ultimately depends on its alignment with your goal—whether it is LIE preparation, post-qualification learning, or dealing with live insolvency cases—because each requires a different level of depth and approach.

A book that meets all of these criteria is more than just a study resource –  it is a strategic advantage, allowing you to prepare more efficiently, revise more effectively, and perform confidently on the exam and in practice.

Tranzission’s IBC books  

Tranzission’s publications are designed not  as a comprehensive, but as syllabus-aligned set of resources for LIE preparation and insolvency practice, rather than as standalone books. Each book is designed to serve a specific purpose—covering the bare law, case law interpretation, source material, and specialized areas—while ensuring complete coverage of the syllabus with no overlap or gaps.

Bare Acts as per February 2025 LIE Syllabus

The Bare Acts arethe foundation of IBC preparation and is the highest-weightage portion of the LIE syllabus. It contains the exact text of the Code as well as all relevant rules and regulations, which have been fully updated to meet the latest Phase 9 requirements. Its strength lies in its precision and alignment with the exam, ensuring that aspirants work with accurate and up-to-date provisions rather than fragmented or outdated information. Because the LIE frequently tests the exact language of sections, definitions, and provisions, a consistent reading of the bare act is critical for scoring well. It is especially useful for new aspirants as well as professionals who need a reliable statutory reference in their practice.

Start your preparation by mastering the language of the law with Tranzission’s Bare Acts.

Analysis of Cases for LIE (7th Edition)

The Analysis of Cases is the primary resource for mastering all 72 IBBI-prescribed case laws, which play an important role in LIE. It presents each case using a structured Facts-Issues-Ratio framework, making complex judgments easier to understand, revise, and recall during exam time. What sets this book apart is its emphasis on application and memory, both of which are essential for answering case-based and scenario-driven questions. By transforming dense judgments into concise and logical formats, aspirants can approach case law preparation with clarity and confidence. It is especially useful for those attempting to pass the exam on their first attempt, as well as anyone who has difficulty remembering case law details.

Strengthen your case law preparation with a structure designed for recall and application.

Compilation of Cases for LIE

The Compilation of Cases is a natural companion to the Analysis book, containing the full text of all prescribed judgments. While summaries are useful for revision, gaining a deeper understanding often requires engaging with the original judicial reasoning, which this book facilitates. It bridges the gap between simplified learning and real-world application by allowing students to connect legal principles to their broader context. This makes it especially useful for developing conceptual clarity, improving answer accuracy in case studies, and preparing for practical scenarios in the workplace. It is best suited for those who want to go beyond basic preparation and gain a more solid and nuanced understanding of insolvency law.

Use this alongside the Analysis book to deepen your understanding and strengthen application skills.

SimplEase — Guide to Personal Insolvency Management

SimplEase focuses on Part III of the IBC (Personal Insolvency), which is consistently tested but frequently overlooked by aspirants. It reduces a complex and less intuitive area of the law to a clear, structured, and exam-oriented format, making it easier to understand and remember. By combining statutory provisions with practical insights, it helps to turn a commonly overlooked topic into a scoring opportunity. This book is especially useful for aspirants seeking comprehensive syllabus coverage, as well as professionals dealing with individual and partnership insolvency matters. Its focused approach ensures that no marks are lost in an area that can significantly impact overall performance.

Ensure you are fully prepared for Part III and turn it into a scoring area, with SimplEase Guide to Personal Insolvency Management.

Which Tranzission Book Do You Need: 

A structured LIE preparation strategy entails mapping your resources directly to the syllabus rather than studying independently. Tranzission’s books are designed to align with each component of the exam, ensuring comprehensive and focused coverage with no overlap or gaps, while also assisting you in developing the clarity and application skills required of a future IP. This alignment becomes clearer when each part of the syllabus is matched with the right resource, as outlined below:

The Insolvency and Bankruptcy Code, 2016:

For this category, the Bare Acts as per the February 2025 LIE Syllabus should be your primary focus, as the LIE frequently tests the exact wording of provisions, definitions, timelines, and section-specific nuances. A disciplined approach to reading and revising the bare act not only improves accuracy in objective questions, but it also establishes a solid conceptual foundation necessary for interpreting provisions in practical scenarios as an IP.

Case laws:

When it comes to case laws, start with the Analysis of Cases for LIE (7th Edition) to develop a structured understanding and quick recall using the Facts-Issues-Ratio framework, and then build on your knowledge with the Compilation of Cases for LIE to engage with the full decisions. This combination ensures that you remember key principles while also understanding how courts have interpreted the law, which is essential for answering application-based questions.

Personal insolvency (Part III):

To effectively cover this frequently overlooked but consistently tested area, use SimplEase — Guide to Personal Insolvency Management, which breaks down complex provisions into a clear and structured format. Because many aspirants underprepare this section, taking a focused approach can give you a competitive advantage and help you convert it into a high-scoring segment.

Allied laws:

Enhance your preparation for allied laws by taking the SureShot IP Allied Laws Module and using the Bare Acts as a reference. This ensures that you understand not only individual provisions, but also the interaction between the IBC and other legal frameworks, which is becoming increasingly important in both exam questions and professional practice.

Case studies:

To gain confidence in answering application-based questions, use the Analysis of Cases and Compilation of Cases together on a regular basis, as this combination allows you to progress from rote learning to practical applications. It improves your ability to interpret facts, identify legal issues, apply correct principles, and reach reasoned conclusions—skills required for clearing the LIE and performing effectively as an Insolvency Professional.

LIE preparation is not about studying more — it’s about studying right. Tranzission’s books are designed to eliminate:

  • Outdated material
  • Unstructured preparation
  • Weak case law understanding
  • Neglected scoring areas

If you align your preparation with these four resources, you’re not just covering the syllabus — you’re preparing exactly the way the exam is designed to test you.

About the author Dr. Ashish Makhija

A strong authorial foundation can have a significant impact on how well you understand and apply a complex law like the IBC, so it’s critical to know who is behind the material you rely on. Dr. Ashish Makhija is a prominent practitioner and educator in this field, known for translating complex insolvency concepts into structured, exam-relevant learning. His credentials and contributions can be best understood through the following highlights:

  • Dr. Ashish Makhija holds qualifications including SJD, FCA, FCMA, and LL.M. (USA & India), and is an Advocate and Registered Insolvency Professional.
  • He brings over 20 years of experience in IBC practice, having personally handled CIRPs, liquidations, and personal insolvency matters.
  • He is the author of 16 best-selling books on insolvency and bankruptcy law.
  • He has personally mentored more than 3,500 LIE aspirants across India.
  • He developed the widely adopted Facts–Issues–Ratio framework for structured case law analysis in LIE preparation.
  • He is widely recognized as one of India’s foremost voices in insolvency law.

When Dr. Makhija explains an IBC provision or a case law, it is from the perspective of a practitioner who has worked on and argued these issues before the NCLT, not just an academic interpretation. This practical insight leads to clearer concepts, improved recall, and stronger application, which is exactly what the LIE exam and real-world insolvency practice require.

 Other IBC Books Worth Knowing — A Brief Reference

For readers who want additional academic or reference material beyond LIE preparation, the following resources can be useful for broader understanding and professional work:

IBC with Rules and Regulations 

The official bare act compilation of the Insolvency and Bankruptcy Board of India (IBBI) is available for free at ibbi.gov.in and serves as a reliable and authoritative source for the exact statutory text as well as all relevant rules, regulations, and notifications. It is especially useful for cross-referencing provisions, tracking amendments, and ensuring accuracy while studying or applying the law, making it an indispensable resource for both students and practitioners.

Insolvency and Bankruptcy Code: Law and Practice 

This book, written by a variety of experts, is useful for practitioners, academics, and advanced learners seeking in-depth doctrinal commentary and comprehensive legal analysis, such as provision interpretation, judicial reasoning, and evolving jurisprudence. They go beyond exam preparation and are especially useful for research, advisory work, academic understanding, and dealing with complex insolvency issues.

NCLT Practice and Procedure 

A practical reference for professionals appearing before the Adjudicating Authority, covering procedural issues such as filings, documentation, timelines, hearings, and compliance standards. It also provides insights into litigation strategy and the day-to-day operation of insolvency proceedings, making it particularly useful for practitioners working on active cases under the IBC framework.

While these resources are useful for in-depth study and professional development, they are frequently not structured for exam-oriented preparation, so aspirants typically require more focused and syllabus-aligned material to supplement them.

FAQs — IBC books for LIE and practitioners

Which IBC book is best for LIE exam preparation?

The most effective preparation strategy is a combination of Bare Acts (according to the most recent syllabus), Case Analysis, and SimplEase (for Personal Insolvency), as the LIE tests statutory provisions, case law application, and specific areas such as Part III. The Compilation of Cases can be used as a supplement to gain a better understanding of concepts.

Is the Analysis of Cases updated to the 2025 IBBI syllabus?

Yes, the most recent edition is aligned with the Phase 9 / February 2025 syllabus, ensuring coverage of all prescribed case laws and exam-relevant updates.

What is the difference between the Analysis of Cases and the Compilation of Cases?

The Analysis of Cases offers structured summaries based on the Facts-Issues-Ratio approach for quick comprehension and recall, whereas the Compilation of Cases includes the full text of judgments for greater conceptual clarity and reference.

Do I need both the Analysis of Cases and the Compilation of Cases?

Yes, ideally both should be used together—Analysis of Cases for revision and exam recall, and Compilation of Cases for understanding the original judgments and strengthening application skills.

Which edition of the Analysis of Cases should I buy?

You should always use the most recent edition (currently the 7th Edition) to ensure alignment with the most recent LIE syllabus and case law updates.

Is the Print or Digital edition of the Analysis of Cases better for exam preparation?

The print edition is generally better for retention, annotation, and revision, whereas the digital edition is useful for quick search and on-the-go access.

What does the Digital edition of Analysis of Cases include?

The digital edition includes searchable content, easy navigation, and quick cross-referencing, which makes revision faster and more efficient, especially closer to the exam.

Are Tranzission’s books available offline?

Yes, Tranzission’s books are available in print for offline study, making them ideal for focused and distraction-free learning.

Which book covers personal insolvency under IBC?

SimplEase — Guide to Personal Insolvency Management is specifically designed to address Part III of the IBC, a frequently tested but often underprepared area of the LIE.

Conclusion 

The right books do more than just help you pass the LIE; they also develop the conceptual clarity and practical understanding that will ultimately define your effectiveness as an insolvency professional. Given the application-driven nature of the exam, relying on structured, syllabus-aligned resources is critical not only for passing the exam but also for developing confidence in dealing with real-world insolvency issues. Dr. Makhija’s four publications address every critical aspect of preparation: the bare law (Bare Acts), judicial interpretation (Analysis of Cases), source-level understanding (Compilation of Cases), and the often-overlooked personal insolvency framework (SimplEase). This integrated approach ensures that you do not study in silos, but rather develop a comprehensive and exam-ready understanding of the IBC. A practical strategy is to begin with the Bare Acts and the Analysis of Cases to lay a solid foundation of provisions and case law, and then gradually add the Compilation of Cases and SimplEase to deepen your understanding and strengthen application. With the right resources, preparation becomes more focused, revision becomes more efficient, and passing the LIE becomes a much more realistic goal.

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  1. Classic Transformers Private Limited (Corporate Debtor or CD) was incorporated in 1985. It is classified as Non-Government company and it has its registered office in Ahmedabad. It has one manufacturing unit in Talegaon district in Pune, Maharashtra and a principal office in New Delhi. As per records of MCA, its authorized share capital and paid-up share capital is Rs. 200 lacs. It carries on the business of manufacture of television and radio transmitters and wireless apparatus. The directors of Classic Transformers Private Limited are Mr. Paras Singhania and Mr. Raman Nair.
  2. One of the operational creditors, Best Tradex Private Limited filed an application for initiating corporate insolvency resolution process of Classic Transformers Private Limited for non-payment of its dues to the tune of Rs. 1.30 crores. The Adjudicating Authority, after issuing notice to the CD passes an order of admission on 30th August, 2023. Mr. Rajiv Khosla was appointed as Interim Resolution Professional (IRP)on the same date. In its first meeting held on 10th October, 2023, committee of creditors appointed Ms. Anamika Rajendran as Resolution Professional (RP) in place of Mr. Rajiv Khosla.
  3. IRP had made a public announcement in Form A on 1st September, 2023 in two newspapers (one english language newspaper and one regional language newspaper) in english language circulating at the location of the registered office of the company and in Pune, as the IRP felt that the CD conducts material business operations from Pune also. It was also published on the website of CD and website designated by IBBI. The last date for submission was stated as 13th September, 2023. Mr. Rajiv Khosla incurred Rs. 80,000/- as cost of publishing. The committee of creditors ratified the expense on publication to the tune of Rs. 50,000/- in its first meeting. IRP has filed application (IA 510 of 2023) against CoC and Best Tradex Pvt Ltd. for payment of remaining publication expenses.
  4. The following claims were received and admitted by Mr. Rajiv Khosla, IRP and later on by Ms. Anamika Rajendran, RP :

S. No.

Name

Amount

Status

Date of

Admission/Rejection

1.

Janta Bank

3.60 crores

Financial Creditor

20.9.2023

2.

Parivaar Bank

3.00 crores

Financial Creditor

20.9.2023

3.

Rashi Singhania(wife of Paras

Singhania)

50 Lakhs

Financial Creditor

20.9.2023

4.

Best Tradex

1.60 crores

Operational Creditor

20.9.2023

5.

Electrolux

Supplies Inc

45 lacs

 

 

Rejected as filed late

18.12.2023

6.

70 workmen

1.60 crores

Operational creditors

20.9.2023

7.

15 Employees

1.50 crores

Operational creditors

20.9.2023

8.

GST dues

70 lacs

Operational creditors

20.9.2023

9.

Income Tax dues

30 lacs

Operational creditors

20.9.2023

10.

Provident Fund Dues

20 lacs

Operational creditors

20.9.2023

11.

Revive Finance(filed on 4th

September, 2023)

1.50 crores

Financial Creditor

10.12.2023

12.

Raman Nair (Loan to company

without interest)

1 crore

Financial Creditor

20.9.2023

13.

Electricity dues

25 lacs

Operational Creditor

20.9.2023

14.

Big Lease -Landlord forarrears of Rent onlease of Principal

Office

10 lacs

Financial Creditor

20.9.2023

  1. The break-up of claims admitted till date is as under :

Financial Creditors         – Rs. 9.70 crores

Operational Creditors – Rs. 6.15 crores

 Total                               Rs. 15.85 crores

  1. The committee of creditors was constituted by IRP as follows:
  2. Janta Bank
  3. Parivaar Bank
  4. Revive Finance
  5. Big Lease
  6. According to IRP, though Raman Nair is a financial creditor but being a suspended director, he is not part of committee of creditors. IRP had written to all operational creditors to select one of their representatives to participate in the meeting of committee of creditors but despite sending 3 emails, the operational creditors collectively have not named a single representative. 
  7. IRP and RP invited suspended directors Paras Singhania and Raman Nair to attend meeting of committee of creditors by sending them notices of all committee of creditors meetings. Three meetings of committee of creditors were held until 12th December, 2023.
  8. One of the operational creditors Electrolux Supplies Inc based in New Delhi files its claim on 15th December, 2023 with the RP for Rs. 45 lacs. After receiving the claim RP writes e-mail to Electrolux Supplies Inc. that its claim cannot be considered as it has been filed after the time limit mentioned in the Code read with CIRP Regulations though the books of account also show that Rs. 45 lacs is due to Electrolux Supplies Inc. Based on legal advice, Electrolux Supplies Inc files an application (IA 810 of 2023)  under section 60(5) before Adjudicating Authority against rejection of the claim on the ground that the delay occurred on the following grounds: 
  9. Electrolux Supplies Inc was not aware of the initiation of CIRP against the CD as it is based in Gurugram (adjacent to New Delhi) and the public announcement was not made in newspapers circulating in New Delhi. 
  10. RP should have admitted the claim of Electrolux Supplies Inc on the basis of books of account and it was not necessary for Electrolux Supplies Inc. to file its claim.
  11. Best Tradex has also filed an application (IA 633 of 2023) before Adjudicating Authority that they have not been included in committee of creditors in terms of section 21 and 24 of the Code. RP’s stand is that since individually the operational creditor’s claim is not more than 10% of the total dues, IRP or RP was under no obligation to send notice of committee of creditors meeting to operational creditors. Best Tradex, while reiterating that since total claims of OC’s is more than 10%, being a largest OC, it is entitled to participate in committee of creditors.
  12. Revive Finance, whose claim was admitted after more than 3 months of its filing, moved an application (IA 754 of 2023) to the Adjudicating Authority stating that the  decisions taken in all three meetings of committee of creditors held before they were included in committee of creditors as invalid. In these 3 meetings, they claimed, crucial decisions were taken relating to appointment of RP, ratification of expenses, appointment of valuers, approval of fees of RP and other crucial decisions relating to running of CD as a going concern. Thy also claimed that unnecessary queries were raised by IRP/RP to delay the admission of claim. On behalf of RP, it was stated that 3 emails were sent as documents filed by them are deficient, they did not submit loan agreement despite repeated emails.
  13. On 1st January, 2024, the promoters of Classic Transformers Private Limited entered  into a settlement with the Applicant Best Tradex and agreed to pay all their dues in exchange of Best Tradex filing an application for withdrawal of corporate insolvency resolution process. The promoters of the CD have filed an application (IA No. 17 of 2024) to Adjudicating Authority for withdrawal on 15th January, 2024 on the basis that their claims have been paid by the promoters in full and final.
  14. The books of account of the CD shows that loan of Rs. 1 crore was taken from Raman Nair in 2018 and is still outstanding. Another account “Advance to Raman Nair” appeared in the books of account and the last 2 financial years, 2021-22 and 2022-23 showed the following transactions:

Date

Particulars

Debit

Credit

Balance

1.4.2021

Opening Balance (Payable by Raman Nair)

 

 

20,00,000

15.5.2021

Expense Adjustment/Received by CD

 

5,00,000

15,00,000

17.8.2021

Paid by CD

7,00,000

 

22,00,000

20.12.2021

Paid by CD

2,00,000

 

24,00,000

12.4.2022

Expense Adjustment/Received by CD

 

3,00,000

21,00,000

18.9.2022

Paid by CD

1,00,000

 

22,00,000

2.1.2023

Expense Adjustment/Received by CD

 

5,00,000

17,00,000

28.8.2023

Paid by CD

6,00,000

 

23,00,000

RP has filed an application with the Adjudicating Authority (IA 25 of 2024) on 20th January 2024 claiming Rs 31 lacs (amount outstanding as on 30.8.2021 plus amounts paid by CD to Raman Nair on 20.12.2021, 18.9.2022 and 2.1.2023) as preferential transactions u/s 43 of the Code and prayed for recovery of these amounts. Raman Nair has filed a reply stating that these transactions are not preferential on the following grounds:

  1. Advance account was a running account for the expenses to be incurred on behalf of the CD and he has in his possession bills not accounted for in the books of account.
  2. RP has aggregated the amounts paid by CD and does not take into account the expense adjustment done or amounts received back by CD.
  3. He has given an interest free loan and his claim has been admitted to that extent. Assuming but not admitting that RP is correct, Raman Nair is entitled for set off.
  4. RP has filed the application beyond the stipulated period as provided in Regulations and hence the application is time barred.
  5. Draft of Forensic Audit report was not shared with the suspended directors and hence there is violation of principles of natural justice.
  6. Even otherwise the transactions were in the ordinary course of business.

RP, in rejoinder, claims that payment transaction is not to be mixed with expense adjustment or amount received from Raman Nair. For amounts paid by Raman Nair, he should file a claim and there is no provision of set off in CIRP. The application in filing preferential transaction application was delayed due to non-cooperation of suspended directors in providing information to forensic auditor who had sent 2 emails to them. The final report was placed before committee of creditors who had directed RP to file application.

  1. RP, based on forensic audit, in the same IA 25 of 2024, also alleged that substantial amounts to the tune of Rs. 1.50 crores, shown as investments, were written off on 31.3.2023 by the suspended directors as reflected in books of account. The amount was paid to 2 related parties, namely, Hi-life Technologies Pvt Ltd (Rs. 70 lacs) and Super Motors Private Limited (Rs. 80 lacs). These amounts were paid as investment in 2016 and 2017. RP has treated them as fraudulent transactions and has prayed for recovery of the amounts from suspended transactions as fraudulent and wrongful trading under section 66 of the Insolvency and Bankruptcy Code, 2016 (31 of 2016).  

Suspended directors have filed a common reply stating that by no stretch of imaginations, write offs can be treated as fraudulent transaction as there is no outflow. RP has the freedom to revise the accounts and reverse the transactions in books. The amounts relate to 2016 and 2017 and is beyond the purview of scope of RP. Further, the investments were made in good faith to expand the business of CD but could not fructify. Moreover, RP has filed a single IA u/s 43 and 66, which is not permitted.

RP, argues that suspended directors had the knowledge of the fact that CD is going under insolvency and they should have taken steps to recover the amounts. The amounts written off in the books of CD are still being shown in the books of account of Hi-life Technologies Pvt Ltd and Super Motors Private Limited and produced financial statement of both the companies filed with Registrar of companies for FY 2022-23. 

  1. The plant and machinery of CD is charged to Janta Bank and is worth 8 crores @ 18% p.a. interest. IRP  was in need of funds to run the CD as a going concern and hence obtained interim  finance of Rs 1 crore by charging plant and machinery to Perfect Finance. Janta Bank has now objected to this action by IRP by stating that neither its consent nor CoC’s consent was obtained. Janta Bank has filed the application (IA 603 of 2023) before the adjudicating authority praying that the amount received from Perfect Finance should not be classified as Interim Finance and the mortgage created on Plant and Machinery should be set aside.
  2. RP has taken up the issue of completion of audit but the statutory auditor, RAK Associates is not cooperating. RP has filed an application for non-cooperation against the statutory auditor u/s 19(2) of the Insolvency and Bankruptcy Code, 2016 (IA 540 of 2023).  Statutory auditor contends that he is not covered u/s 19 of the Insolvency and Bankruptcy Code, 2016 (31 of 2016) and hence the application should be dismissed in limine. Secondly, he has provided all documents to the RP whatever was in his possession. RP states that the statutory auditor has not supplied working papers containing details of debtors of CD. 
  3. RP has also issued a letter terminating the appointment of statutory auditor and appointing a new one. Having done that, he places this fact before the committee of creditors in their meeting, who ratify his action unanimously. Previous statutory auditor is aggrieved and he files an application  (IA 56 of 2024) challenging the decision of RP and its ratification by committee of creditors to replace him.
  4. Janta Bank has filed an IA 602 of 2023 objecting the inclusion of Big Lease as financial creditor in the committee of creditors. As per them, Big Lease is an operational creditor and not financial creditor.

CSM 2 Case Study on PPIRP

ABC Ltd., a medium-sized manufacturing company based in India, has been struggling with financial difficulties exacerbated by the economic downturn caused by the COVID-19 pandemic. With mounting debt and dwindling revenues, ABC Ltd. finds itself in a situation where it needs to explore insolvency resolution options to salvage its operations and protect the interests of its stakeholders.

ABC Ltd. is classified as a medium enterprise under the Micro, Small and Medium Enterprises Development Act, 2006 though registration is pending. ABC Ltd. has committed a default of Rs 54 lacs to My Bank. The company has not undergone any insolvency resolution process in the past three years. Financial creditors representing at least 66% of the financial debt due to them have proposed the appointment of an insolvency professional for conducting the PPIRP.

A majority of the directors of ABC Ltd. have made a declaration stating the intent to initiate the PPIRP and affirming that it is not for fraudulent purposes. A special resolution has been passed by the members of ABC Ltd. approving the initiation of the PPIRP. There is an application under section 43 against one of the directors of ABC Limited for his involvement in Bright Star Limited, a company under CIRP. ABC Limited has prepared a draft Base Resolution Plan. ABC Limited files an application to the Adjudicating Authority for initiating pre-packaged insolvency resolution process. Base Resolution Plan prepared by ABC Ltd contains lower payment to financial creditors with a proposal to pay in full to the operational creditors.

CSM 3- Case Study on Voluntary Liquidation

 

Sunmark Enterprises Limited, a medium-sized manufacturing company, has been experiencing financial difficulties for the past several years due to a decrease in demand for its products and heightened competition in the market. Following a comprehensive evaluation of its financial standing and future outlook, the Board of Directors opts to commence voluntary liquidation pursuant to Section 59 of the Insolvency and Bankruptcy Code (IBC) to ensure a systematic conclusion of the company’s operations.

  1. Appointment of Liquidator:
    • On 20th December 2023, the Board of Directors convenes a meeting and passes a resolution proposing voluntary liquidation.
    • Mr. John, a registered insolvency professional, is appointed as the liquidator to oversee the liquidation process on 10th February 2024.
  2. Declaration of Solvency:
    • A board meeting is held, during which a declaration of solvency is made, affirming that Sunmark Enterprises Ltd. is solvent and capable of settling its debts within a specified period not exceeding one year from the onset of liquidation.
  3. Approval of Shareholders:
    • On 10th January 2024, shareholders of Sunmark Enterprises Ltd. pass a special resolution, endorsing the decision to commence voluntary liquidation.
    • The resolution garners approval by a majority vote representing at least 75% of the shareholders’ voting power.

Following the shareholders’ approval by a special resolution, creditors of the company also consent to the voluntary liquidation with a two-thirds majority on 1st February 2024. Despite incurring losses in the previous year and anticipating further losses, the liquidator expresses intent to continue business operations during the liquidation period. Seeking professional guidance, the liquidator faces several challenges and scenarios:

  1. Preparation of Preliminary Report:
    • The liquidator drafts a Preliminary Report, estimating the assets and liabilities as of the liquidation commencement date. However, doubts arise regarding the reliability of the company’s financial records.
  2. Unfiled Claims and Foreign Creditor:
    • Despite issuing announcements inviting claims, three employees fail to file their claims. Additionally, a foreign creditor submits a claim of $2000, prompting uncertainty regarding the applicable foreign exchange rate for claim admission.
  3. Rejected Claim and Lack of Reasons:
    • One creditor disputes the rejection of their claim by the liquidator, citing a lack of justification for the decision.
  4. Bank Account Establishment:
    • The liquidator establishes a separate bank account in the name of the corporate entity for liquidation purposes.
  5. Salary Payment and Unsold Machinery:
    • An employee urgently requests a cash payment of their salary amounting to Rs. 20,000.
    • Despite extensive efforts, the liquidator struggles to sell an old machinery valued at Rs. 50,000, with consultants and brokers indicating its low marketability. However, a creditor expresses willingness to accept the machinery as part of their claim settlement.

In navigating these complexities, the liquidator must adhere to legal requirements and seek appropriate guidance to ensure fair and efficient resolution throughout the voluntary liquidation process. He seeks your answwer to following questions: –

CSM 4 – Part III Case Study

Raj Shekhar’s bankruptcy process commenced on 1st April 2024 after the unsuccessful resolution of his insolvency proceedings initiated on 1st August 2023. The Bankruptcy Trustee issued a public notice on 4th April 2024, with the deadline for claim filing set for 25th April 2024.

He possesses the following assets under his and his family’s ownership:

  •   A 2 BHK property in NOIDA acquired in 2001 for Rs. 11 lakhs.
  • A 3BHK residence in Mumbai purchased in 2015 for Rs. 50 lakhs.
  • A 2 BHK dwelling in Gurgaon under his wife Alka’s name, assessed at Rs. 66 lakhs.
  • A jointly-owned flat in Indore with his wife, booked for Rs. 27 lakhs.
  • A laptop valued at Rs. 52,000.
  • A Honda City utilized for office purposes, valued at Rs. 8.50 lakhs.
  • A Wagon R utilized for personal use, valued at Rs. 4 lakhs.
  • An Enfield Motorcycle used for leisure activities, valued at Rs. 2.50 lakhs.
  • Leased office space in Munirka with a monthly rent of Rs. 25,000.
  • A diamond ring procured for Rs. 1.50 lakhs.
  • Gold jewelry valued at Rs. 15 lakhs.
  • Gold jewelry under his wife’s name, including a Mangal sutra, valued at Rs. 22 lakhs.
  • Ornaments for his home temple amounting to Rs. 3 lakhs.
  • An iPad worth Rs. 45,000.
  • Watches valued at Rs. 1.50 lakhs.
  • Office books valued at Rs. 1.20 lakhs.
  • Home furniture worth Rs. 2.50 lakhs and office furniture worth Rs. 1 lakh.
  • Life insurance policies in various names totaling Rs. 225 lakhs.
  • Children’s bicycle valued at Rs. 5000.
  • Shares in companies worth Rs. 3.5 lakhs.
  • Mutual fund investments worth Rs. 2 lakhs.
  • Public Provident Fund (PPF) investments totaling Rs. 3 lakhs.
  • Assets belonging to his second sister residing abroad, valued at Rs. 5 lakhs.

His liabilities include:

  • Business sundry liabilities amounting to Rs. 15 lakhs.
  • GST liability totaling Rs. 2 lakhs.
  • Unpaid electricity bills of Rs. 50,000.
  • Outstanding traffic challan of Rs. 3,000.
  • Maintenance payment to his ex-wife at Rs. 50,000 per month, pending for the last six months.
  • Personal loans from friends totaling Rs. 45 lakhs.
  • Loan from his brother-in-law amounting to Rs. 3 lakhs.
  • Loan against Honda City from a bank worth Rs. 5 lakhs.
  • Student loan taken for his sister’s son, amounting to Rs. 10 lakhs.
  • Damages of Rs. 55,000 awarded by the court due to water leakage from his Mumbai flat.
  • Business loan of Rs. 75 lakhs.
  • Outstanding credit card dues of Rs. 1.60 lakhs.
  • Income tax liability of Rs. 10 lakhs.
  • School fees for his two children, unpaid for three months, at Rs. 20,000 per month each.
  • Outstanding dues at a local grocery store totaling Rs. 32,000.

 

Case Study on Business and General Laws

Avanti Roadways Pvt. Ltd., incorporated under the Companies Act, 2013, operates from its registered office situated at Plot No.1, First Floor, East Chamber, Gwalior, Madhya Pradesh. The company is structured with an authorized capital of INR 5,00,000, which is fully issued, subscribed, and paid-up. The core activities of the company are focused on constructing residential and commercial buildings and educational institutions.

The Registrar of Companies in Gwalior, citing non-compliance with the statutory requirement to file Annual Returns and Financial Statements for the fiscal years 2014-15 through 2017-18, initiated proceedings under Section 248(1) of the Companies Act, 2013, read with Rule 7 and Rule 9 of the Companies (Removal of Names of Companies from the Register of Companies) Rules, 2016. Consequently, a notice of intent to remove the company’s name from the register was issued. In response to this notification, the company filed an appeal with the National Company Law Tribunal (NCLT) in Gwalior under Section 252 of the Companies Act, 2013, asserting that it continued to engage actively in business operations throughout the period in question. The company admitted oversight in the non-filing of the required documents, attributing it to lapses by the management.

During the period under review, the company was involved in several significant projects, including constructing a multi-functional educational complex under a government contract, which involved intricate compliance with environmental regulations and state educational mandates. This project, along with other private commercial ventures, significantly contributed to its revenue streams, though it complicated the operational and regulatory reporting requirements.

As part of its defense, Avanti Roadways Pvt. Ltd. demonstrated through detailed documentation—including contracts, invoices, and bank statements—that it was operational and financially active during the years for which filings were not completed. Following the notice from the Registrar, the company undertook substantial revisions to its management structures, enhancing its regulatory compliance processes to include automated systems for tracking and reporting essential corporate activities and statutory filings.

The appeal by Avanti Roadways Pvt. Ltd. is pending before the NCLT, where the company seeks not only to contest the Registrar’s decision but also to establish a precedent for considering operational continuity and factual business engagement in decisions related to statutory compliance enforcement.

Case Study: The Case of Rajesh Kumar and the Corporate Insolvency Resolution Process

Background: Rajesh Kumar, an Insolvency Professional (IP) registered with the Insolvency and Bankruptcy Board of India (IBBI), faced disciplinary action following a Show Cause Notice (SCN) by the IBBI. This action originated from procedural issues during the Corporate Insolvency Resolution Process (CIRP) of M/s Indore Developers Private Limited, where he was appointed as the Resolution Professional (RP).

Legal Framework: This case is governed by the Insolvency and Bankruptcy Code, 2016 (IBC), specifically focusing on the duties and responsibilities of an insolvency professional overseeing the CIRP. Kumar was accused of providing unequal treatment to certain decree-holding homebuyers in the resolution plan, potentially breaching several sections of the IBC and related regulations.

Investigation and Proceedings: Following a complaint from a homebuyer, the IBBI launched an investigation into Kumar’s conduct during the CIRP. After receiving the investigation report, the IBBI issued a SCN, which was later handled by its Disciplinary Committee (DC) for resolution. Kumar defended his conduct through various submissions and a personal hearing, arguing that his decisions were aligned with legal precedents and the decisions of the Committee of Creditors (CoC).

Findings and Contraventions: The DC identified discrepancies in Kumar’s management of the claims of decree-holding homebuyers. Despite legal opinions indicating that these claims should be treated as those of financial creditors, they were categorized differently in the resolution plan submitted to the CoC. This action raised concerns about Kumar’s adherence to the statutory requirements and the broader principles of fairness and transparency in the CIRP. Kumar also admitted the claim of the aforesaid decree holders as “Creditors in class” based on the said legal opinions. However, it is observed that despite having admitted the claims of these decree holders as “Creditors in class”, he has treated the claim of the said decree holders as “Other Creditors” in the resolution plan placed before the CoC, instead of “Creditors in Class”.

Legal Issues and Analysis: The main legal issue involved the interpretation and application of sections 30(2)(e) and (f) of the IBC concerning the treatment of creditors in a resolution plan. Kumar’s handling of these claims brought up questions regarding the compliance with these statutory provisions and the fundamental principles of equitable treatment of creditors.

Arguments by Kumar: Kumar submitted that he had admitted the claim of the decree holders under the category of creditors in a class based on the legal opinion. However, the resolution applicant has provided a specific treatment to all such creditors which was then approved by the CoC and the AA. As elaborated above, (a) this was in line with the applicable law at the relevant time; (b) the resolution applicant has the discretion to provide the treatment for the stakeholders including the decree holders; (c} the resolution plan has been approved by the committee of creditors in its commercial wisdom which is paramount; (d) the resolution plan has been approved by the AA. He submitted that he has not ‘deprived the decree holders from their legal rights and claims as homebuyers’, he has conducted the CIRP in terms of the Code and the treatment to be provided to the stakeholders is beyond his ambit. 

 

The DC upholds his contravention of section 30(2)(e), 30(2)(f), 208(2) (a) & (e) of the Code, regulation 39(2) of the CIRP Regulations, regulations 7(2) (a) & (h) of the IP Regulations read with clauses 1, 3 and 14 of the Code of Conduct.

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