Tranzission

Proven Strategies to Prepare for the Limited Insolvency Exam

Proven Strategies to Prepare for the Limited Insolvency Exam

Table of Contents

The Limited Insolvency Examination (LIE), conducted by the Insolvency and Bankruptcy Board of India, is a rigorously structured, high-stakes professional assessment that serves as a prerequisite for becoming a licensed Insolvency Professional (IP) in India. While its syllabus is extensive—including the Insolvency and Bankruptcy Code, 2016 (the Code), case laws, allied laws, case studies, and finance—it is not impossible to conquer. In fact, the primary reason most aspirants fall short is not the exam’s difficulty, but the lack of a clear, strategic approach to preparation. The  reality is that with a disciplined and well-designed 60-day plan, focused candidates succeed in clearing  the exam with ease. As Dr. Ashish Makhija, who has mentored over 3,500 LIE aspirants over the last two decades, rightly observes, “the exam rewards clarity, precision, and application—and punishes unfocused preparation.” This guide simplifies the preparation framework used by Tranzission’s top-performing alumni, providing you with a proven path to success.

Understand the LIE exam pattern before you open a single book 

Before you begin your preparation, you must clearly understand the structure and demands of the LIE:

  • The exam consists of 100 multiple-choice questions to be completed within two hours, with each question carrying one mark.
  • It follows a negative marking system, where 0.25 marks are deducted for every incorrect answer, making accuracy far more important than speed.
  • The paper includes a mix of direct provision-based questions from the Code, case law application questions, and practical case study scenarios, requiring both conceptual clarity and analytical ability.
  • The LIE is conducted as a computer-based test (CBT) at designated centres and is available throughout the year, allowing candidates to choose their exam date based on their level of preparation.
  • With the Phase 9 syllabus update introduced in July 2025, it is crucial to ensure that all study materials used are fully aligned with the current syllabus, as outdated content can lead to gaps in preparation.
  • It is designed to test not just your memory, but your ability to apply the law in practical scenarios, making it essential to focus on interpretation rather than rote learning.

Because of negative marking, skipping uncertain questions is not a weakness, but rather a strategic decision, and correctly attempting 75-80 questions is often more effective than carelessly trying all 100.

Test yourself under real-world exam conditions with a full-length, CBT-based mock exam, such as Tranzission’s Limited Insolvency Practice Examination (LIPE), and assess your readiness before the actual attempt.

Know the complete LIE syllabus before you start — and what actually gets tested 

Approaching the LIE syllabus from the right perspective can significantly improve your efficiency and final score. Rather than attempting to cover everything uniformly, successful aspirants concentrate on developing depth in high-weightage areas such as the Code and case law, while taking a smart, targeted approach to the remainder of the syllabus.

Subject-wise reality check:

  • The Insolvency and Bankruptcy Code of 2016: This section carries the most weight. This is the core of the LIE and requires the most attention, covering critical topics such as corporate insolvency resolution process (CIRP), liquidation, voluntary liquidation, personal insolvency, statutory timelines, stakeholder roles, moratorium provisions, and the operation of the Committee of Creditors (CoC).
  • Case laws: The revised syllabus now has 72 IBBI-prescribed cases. These are consistently tested using application-based MCQs and play a significant role in scoring, so understanding their principles is critical rather than simply skipping or memorizing them.
  • Allied laws: This includes the Companies Act, the Contract Act, the Negotiable Instruments Act, the PMLA, the RERA, and the Mediation Act. This segment accounts for more than 10% of the paper and, despite being relatively simple, is frequently overlooked—making it a valuable opportunity to secure easy marks with focused preparation.
  • Case studies: These questions test your ability to interpret facts and apply provisions of the Code in real-world scenarios, which necessitates both clarity and structured thinking.
  • Finance and Accounts: Such questions include, financial statements, ratios, and valuation fundamentals. This section is relatively simple and can be covered effectively with a targeted approach, making it a scoring area for the majority of aspirants.

With the February 2025 / Phase 9 syllabus revision, it is critical to ensure that all your study material is fully updated and aligned with the current exam framework. Using outdated resources from earlier phases is one of the most common and overlooked reasons for poor performance, as it creates silent gaps in preparation.

Ensure that all your preparation resources are fully aligned with the Phase 9 / July 2025 syllabus—programs like SureShot IP are specifically designed to reflect these latest updates.

The 60-day LIE preparation plan — week by week 

Days 1–20: Foundation — IBC and Bare Act Mastery

The first phase should be entirely focused on establishing a solid foundation in the Code. 

  • This requires reading the Bare Act (February 2025 edition) from beginning to end—not summaries or notes, but the actual legislative text. 
  • Concentrate on critical topics such as the CIRP process (Sections 6–32), liquidation (Sections 33–54), voluntary liquidation (Section 59), and personal insolvency (Part III). 
  • During this stage, create brief one-page timelines for processes such as CIRP and liquidation, paying special attention to statutory timelines, voting thresholds, and numerical details that are frequently tested in MCQs. 
  • However, MCQ practice should be avoided at this stage because clarity is more important than testing.

As Dr. Ashish Makhija advises, “Read the bare act the way a judge would read it — focus on what the provision actually says, not what you think it says.”

Days 21–35: Case laws — the Make-or-Break Section

Once your foundation is in place, the next step should be to master the 72 IBBI-prescribed case laws.

  • Instead of attempting to memorize judgments, focus on understanding the conflict, the court’s decision, and the reasoning behind it. 
  • Creating keyword-based recall for each case can greatly improve retention under exam pressure. 
  • It is also critical to link each case to the relevant provision of the Code, as this strengthens conceptual connection. 
  • Attention should be given to landmark Supreme Court decisions on issues such as limitation, CoC voting, homebuyers, fraudulent transactions, and the scope of the moratorium.

Aspirants frequently avoid case laws because they appear overwhelming and rely solely on theory. In recent LIE papers, case law application questions are among the most common, and this section ultimately distinguishes scores of 55% from scores of 75%.

Master all 72 IBBI-syllabus cases with a structured, exam-focused approach to case law preparation like SureShot IP — Case Laws Module.

Days 36–45: Allied Laws and Finance

At this stage, the focus shifts to covering allied laws and finance in a targeted and effective manner. The goal is not exhaustive study, but rather understanding exam-relevant provisions from laws such as:

  • Companies Act 2013: winding up provisions, corporate governance, NCLT jurisdiction
  • Contract Act: Essentials of a valid contract, void and voidable agreements — tested in case study scenarios
  • Negotiable Instruments Act: cheque dishonour, banker-customer relationships
  • PMLA, RERA, Mediation Act should be covered in strict accordance with the syllabus.
  • In finance and accounts, concentrate on interpreting financial statements, key ratios, and fundamental valuation concepts. 

This section is relatively manageable and should not take up much time. Cover this section effectively with Tranzission’s SureShot IP Allied Laws Module, which comprehensively includes all allied laws with clear linkages to insolvency law, simplified for non-lawyers.

Days 46–50: Case studies — Applied Thinking Under Pressure

This phase marks the transition from conceptual understanding to practical application, and it tests your ability to think like an IP, and includes:

  • Case study questions ask you to interpret multi-layered factual scenarios and apply the appropriate provisions logically. 
  • A structured approach—identifying the process, linking it to the relevant provision, applying the law, and reaching a conclusion—should be followed consistently. 
  • Exposure with various case studies, such as insolvency cases on CIRP, liquidation, PPIRP, allied laws, ethics, and personal insolvency. 

Time management is essential here, as case study questions can be time-consuming if not practiced beforehand.

You can strengthen this section with Tranzission’s SureShot IP Case Studies Module, which includes six practice case studies with detailed answer explanations by Dr. Ashish Makhija.

Days 51–60: Mock Tests, Analysis, and Final Revision

The final phase is when preparation turns into performance. Here’s what it should like it:

  • Aspirants should take at least 3-5 full-length mock tests in a CBT format, with negative marking. 
  • The real value is in post-test analysis, which explains why an answer was incorrect, whether due to conceptual gaps, misinterpretation, or time constraints. 
  • Using this information, identify weak areas and conduct focused revision sprints. 
  • The final three days should be spent solely on revision, using concise notes or flashcards to review key timelines, case law keywords, and critical numerical values.

As Dr. Makhija emphasises, “Leave questions you don’t know — mark them and come back at the end. One uncertain question should never steal time from five questions you know well.”

Simulate the real exam environment with full-length, CBT-based mock tests and refine your strategy before the actual attempt with Tranzission’s LIPE.

Bare Act Over Notes — Why Primary Source Reading is Non-Negotiable

A solid LIE preparation strategy is based on one simple principle: the Bare Act must be your primary source of study. While notes, summaries, and shortcuts may appear convenient, the exam favours those who are familiar with the actual language of the law.

  • Most LIE MCQs use the exact wording of provisions from the Code, rather than simplified or paraphrased versions, requiring direct familiarity.
  • Notes can be useful for revision, but they frequently oversimplify or unintentionally distort key provisions, when the exam requires precision and accuracy.
  • Reading the Bare Act improves your ability to interpret provisions logically, which is especially useful when dealing with unfamiliar or application-based questions on the exam.
  • Over time, this practice increases confidence in handling case studies and scenario-based MCQs, where direct recall is insufficient.
  • Notes should thus be used only as a revision tool in the last 7-10 days, not as a replacement for primary study.

Aspirants who consistently use the Bare Act develop greater conceptual clarity and perform better on application-based questions, making this approach a clear differentiator in the final score. Tranzission’s Bare Acts, which are fully updated and aligned with current exam requirements, can help you prepare better.

Mastering Case Laws — The Section Most Aspirants Get Wrong

Case laws are frequently regarded as the most difficult aspect of the LIE syllabus, but they are actually one of the most scoring areas when approached correctly. The key is to shift from memorisation to comprehension—because the exam is designed to assess application rather than recall.

  • The IBBI syllabus includes 72 prescribed case laws, each based on a specific legal dispute, judicial reasoning, and a well-defined ratio decidendi.
  • The exam does not require you to reproduce judgments, but it presents practical scenarios and asks you to predict how the court would rule based on established principles.
  • As a result, rote memorization is ineffective; what matters is your ability to comprehend and apply the underlying legal principle in each case.
  • A highly effective technique is to create a one-page summary sheet for each case, which includes the case name, key issue, outcome, relevant section of the Code, and a keyword for easy recall.
  • It is a must to cover judgments across all levels –  the Supreme Court, NCLAT, and NCLT – as questions can be drawn from any of these forums.

Aspirants who approach case law with clarity and structure are able to quickly identify patterns in questions and apply the correct reasoning – making a difficult section into a significant scoring advantage. Pass this section with SureShot IP Case Laws Module.

Daily MCQ Practice — Non-Negotiable From Day 21 Onwards 

Once your conceptual foundation is established, consistent MCQ practice becomes critical for translating knowledge into exam performance. The goal is not simply to answer questions, but to improve accuracy, speed, and decision-making under exam conditions.

  • From Day 21 onwards, aim to practice at least 50 MCQs per day, gradually increasing this to 100 MCQs per day in the final two weeks.
  • It is important to mix subjects within each practice session, rather than studying topics in isolation, as the actual exam presents questions in a random, integrated format.
  • After every practice session, make it a rule to review all incorrect answers immediately, identifying whether the mistake was due to a conceptual gap, misinterpretation, or lack of recall.
  • Track your accuracy rate on a weekly basis, with the objective of seeing steady improvement from Day 21 through to Day 60.
  • MCQ practice should not begin in the first 20 days, as attempting questions without a strong conceptual base leads to guesswork rather than meaningful learning.

A disciplined MCQ routine not only improves retention but also sharpens exam temperament, allowing you to make better decisions under time constraints. Tranzission’s LIPE platform can help you prepare by providing a comprehensive question bank and full-length practice exams that simulate the actual LIE.

Mock Tests — How to Use Them, Not Just Attempt Them 

Mock tests are one of the most effective tools for LIE preparation—but only if used properly. Simply taking tests without analyzing them does little to improve performance; the true value is in understanding your mistakes and refining your strategy.

  • A mock test that is not analysed is simply a timed MCQ session that will not significantly improve your score.
  • The correct approach is to follow a structured cycle: attempt, score, analyze mistakes by category, identify weak areas, revise, and reattempt for continuous improvement.
  • Keep track of three key metrics for each mock: total score, accuracy rate (correct vs attempted), and average time per question, as these directly reflect your exam readiness.
  • By Day 58, your goal should be to finish the paper in 90 minutes, with the remaining 30 minutes for review and revision of marked questions.
  • You should take at least three full-length mock tests before the actual exam, though more attempts will improve your performance and confidence.

A mock test  guides you from preparation to performance, ensuring that you are not only knowledgeable but also exam-ready. Tranzission’s LIPE provides full-length, CBT-format mock tests with negative marking and detailed analysis, and it is included free with the SureShot IP Recorded Combo.

Time Management Strategy on Exam day 

A well-planned time management strategy can help you perform better in the LIE. Many aspirants lose marks not because they lack knowledge, but because of poor question selection and inefficient time management during the exam.

  • Avoid reading and answering questions in strict order, as this frequently leads to getting stuck on difficult questions early and wasting valuable time.
  • In Round 1 (0-60 minutes), attempt only the questions you are confident in, skipping and marking the uncertain ones for review.
  • Return to the skipped questions in Round 2 (60-90 minutes) and try them again, using elimination techniques as needed.
  • In Round 3 (90-120 minutes), carefully review all flagged questions, but avoid changing answers you were previously confident in, as this frequently leads to unnecessary errors.
  • Plan your time so that each question takes an average of 1.2 minutes, but keep in mind that some questions may only take a few seconds, freeing up time for more complex case-based questions.
  • Given the negative marking system, stick to a strict rule: if you can’t eliminate at least two options, don’t guess, as random attempts can lower your final score.

A disciplined, round-based approach ensures that you maximise attempts with high accuracy while remaining in control of time and avoiding common exam-day pitfalls.

Subject-Wise Preparation Tips 

A smart LIE preparation strategy entails not only studying all subjects, but also approaching each one differently depending on its weightage, difficulty, and scoring potential. Understanding how to divide your time and effort between subjects can greatly improve your overall performance.

IBC — Your Highest-Return Investment

  • This should be your starting point, primary focus, and final revision area, as it has the highest weightage in the exam.
  • Pay close attention to statutory timelines and numerical thresholds, such as 14 days for IRP appointment, 30 days for CoC constitution, and the 180+90 day CIRP period, as these are frequently tested in multiple-choice questions.
  • Develop a thorough understanding of the liquidation waterfall under Section 53, as questions about priority of claims arise frequently.
  • Don’t overlook PPIRP and personal insolvency (Part III), which are frequently underestimated but increasingly tested.

Case Laws — Keyword Recall Under Pressure

  • Create a quick recall system in which each case is linked to a keyword that will help you remember the core principle during the exam.
  • Because you won’t have time in the exam hall to reconstruct entire judgments, your preparation should focus on trigger-based recall rather than detailed memorization.
  • During the revision phase, develop and refine your keyword system, making sure each case is clearly linked to a provision and a key takeaway.
  • To solve scenario-based questions, first identify the relevant provision, then recall the case associated with it, and finally use the ratio to arrive at the correct answer.

Allied Laws — Cover Smartly, Not Exhaustively

  • Instead of attempting to study entire laws, focus on the provisions explicitly mentioned in the syllabus.
  • Avoid studying the entire Companies Act and instead focus on winding-up provisions, NCLT jurisdiction, and insolvency-related governance sections.
  • This section is frequently straightforward and scoring, and aspirants who skip it risk losing easy marks that could significantly improve their overall score.

Finance and Accounts — Minimum Effective Dose

  • Approach this section with a practical mindset, concentrating only on what is necessary for the exam.
  • Make sure you can read and understand basic financial statements, such as the balance sheet and profit and loss account.
  • Be familiar with five to six key financial ratios, including the current ratio, debt-equity ratio, interest coverage ratio, and return on equity.
  • Understand fundamental valuation concepts, particularly the distinction between going concern and liquidation value, without delving deeper than the syllabus requires.

Best Study Resources for LIE 2025 — Ranked by Usefulness

Choosing the right study resources can help you save time and effort while preparing for the LIE. Instead of relying on separate materials, a structured mix of core, applied, and supplementary resources ensures conceptual clarity and exam readiness. The key is to prioritise high-impact resources that are in line with the most recent syllabus and specifically designed for the LIE.

Tier 1 — Non-negotiable:

  • These resources are the foundation of your preparation and should be your main focus throughout the 60-day plan.
  • The IBC Bare Act (February 2025 edition) is essential, and using an updated version that corresponds to the Phase 9 syllabus ensures accuracy and relevance.
  • Dr. Ashish Makhija’s SureShot IP IBC Module and Case Laws Module cover the most important topics in a structured, exam-focused manner.
  • Dr. Makhija’s Analysis of Cases for LIE is an extremely useful resource for learning case laws in preparation for exams.

Tier 2 — Highly recommended:

  • The SureShot IP Allied Laws Module and Case Studies Module provide comprehensive coverage of related topics while developing practical problem-solving skills.
  • LIPE provides full-length mock tests with negative marking, allowing you to simulate actual exam conditions.
  • A Compilation of Cases for LIE, which includes all 72 syllabus judgments in one place, is especially useful for structured revision and consolidation.

Tier 3 — Supplementary:

  • Referring to IBBI official circulars and regulatory updates ensures that you are up to date with the latest developments.
  • Reviewing recent NCLAT and Supreme Court decisions that have not yet been included in standard compilations can provide you with an advantage when answering application-based questions.

Simplify your preparation and access everything that matters in one place—get the SureShot IP Recorded Combo 2025, complete with all Tier 1 and Tier 2 resources plus free access to LIPE, at ₹20,000.

Common Mistakes that Cost Aspirants Their First Attempt

Even well-prepared candidates may perform poorly in the LIE due to avoidable mistakes. Recognizing these early can help you stay on track and ensure that your efforts yield results.

  • Starting MCQ practice before establishing conceptual clarity on the Code frequently results in guesswork rather than meaningful learning.
  • Using pre-Phase 9 study materials results in gaps in preparation because the syllabus has been revised and outdated content may no longer be relevant.
  • Skipping case laws because they appear overwhelming can cost you 15-20 points, as they are among the most frequently tested areas.
  • Attempting every question rather than strategically skipping uncertain ones can result in a significant reduction in score due to negative marking.
  • Taking mock tests without analysing incorrect answers limits improvement because true learning occurs during post-test review.
  • Stopping preparation once you feel “ready” can be costly, as the final 10 days of revision typically improve scores by 5-8 points.

 What Tranzission’s top scorers did differently

Top LIE performers do not necessarily study more; rather, they use smarter, more disciplined strategies that are closely aligned with the exam’s structure.

  • Vishrut Jain, New Delhi (74.25%), used a structured approach with SureShot IP, took multiple mock tests, and effectively used the skip-and-return strategy on exam day.
  • Amrit Raj credited the study material with greatly assisting his preparation, highlighting its practical utility.
  • Mahendra Sureka emphasized the importance of Dr. Ashish Makhija’s concept-focused teaching, which prioritizes understanding over rote memorization.
  • A common pattern among high scorers emerges: they thoroughly studied the case law syllabus, took at least one full-length mock test prior to the exam, and relied heavily on direct reading of the Bare Act.

Join the 3,500+ aspirants who have prepared with Dr. Ashish Makhija and experience a structured, results-oriented approach with SureShot IP.

Staying Consistent — The Mental Game of 60-day Preparation

Clearing the LIE is about more than just strategy; it’s also about staying consistent during a focused preparation period. The 60-day timeline is doable, but only with the right mindset.

  • The LIE should be approached as a 60-day sprint rather than a long grind, making it easier to stay focused and motivated.
  • Setting weekly targets rather than rigid daily goals allows for greater flexibility and allows you to recover from missed days without losing sight of your goals.
  • Week 3 is often the most difficult phase, as initial motivation wanes and the exam still feels distant—getting through this period is critical.
  • Studying for more than 4-5 hours per day can result in diminishing returns, reducing retention and efficiency.
  • Tracking your mock test scores over time demonstrates progress, which is a powerful motivator and reinforces consistency.

Maintaining discipline and momentum over these 60 days is frequently the deciding factor between an average attempt and a successful one

FAQs 

How many months are needed to prepare for the LIE?

Most aspirants can prepare effectively in 2-3 months if they follow a structured plan that includes consistent daily study and revision.

Is 60 days enough to clear the LIE in the first attempt?

Yes, 60 days is enough time for a first attempt if you focus on the Code, review all case laws, and incorporate regular mock practice and revision.

Can a working professional prepare for the LIE alongside a full-time job?

Yes, working professionals can pass the LIE by being consistent and dedicating approximately 3-4 focused hours per day.

Is self-study enough or is coaching necessary?

While self-study can be sufficient for disciplined candidates, structured instruction helps to streamline preparation, avoid gaps, and improve exam-oriented understanding.

Which subject should I start with?

You should start with the Insolvency and Bankruptcy Code because it is the foundation of the exam and has the highest weightage across multiple sections.

How many mock tests should I attempt before the exam?

To improve accuracy, speed, and confidence, take at least 3-5 full-length mock tests and analyze them thoroughly.

Should I attempt all 100 questions or skip uncertain ones?

It is best to avoid uncertain questions because negative marking makes selective and accurate attempts more effective than attempting all questions.

What is the best way to study case laws for the LIE?

The most effective approach is to understand each case’s facts, issues, and reasoning, as well as to use keywords for quick recall during scenario-based questions.

How do I know if I am ready to appear for the exam?

You are prepared when your mock test scores consistently exceed the passing range and your accuracy remains consistent under timed conditions.

Is SureShot IP suitable for someone with no legal background?

Yes, it is designed to simplify complex legal concepts and is especially useful for those without prior legal experience.

What is the difference between the SureShot IP modules — should I take all four?

Each module focuses on a specific topic—IBC, case laws, allied laws, and case studies—and completing all four ensures thorough and balanced preparation.

How does the LIPE mock exam help in preparation?

The LIPE mock exam replicates the actual CBT format, including negative marking, and provides detailed analysis to assist you in identifying weak areas and refining your strategy.

What changed in the Phase 9 / July 2025 LIE syllabus?

The syllabus was revised with new coverage, including changes in case laws and topic emphasis, making it critical to use the most recent study materials.

How many hours per day should I study for the LIE?

4-5 focused hours per day is usually sufficient, as long as the time is spent efficiently with a clear plan and regular revision.

What score should I target to clear the LIE comfortably?

A target score of 65–70% or higher is recommended to ensure a comfortable margin above the passing threshold and account for minor errors.

Conclusion 

The LIE rewards preparation that is structured, syllabus-aligned, and consistently reinforced through practice, rather than effort applied without a clear plan. The 60-day framework outlined in this guide is based on the same approach taken by Tranzission’s top-performing alumni, combining conceptual clarity, disciplined revision, and exam-oriented application. Prioritizing high-weightage areas like the Code, mastering case laws, and regularly testing yourself through mock exams makes the LIE a predictable and manageable challenge rather than an overwhelming one. This methodology is supported by Dr. Ashish Makhija’s expertise, who, with over 20 years of professional experience and mentored over 3,500 aspirants, has created a preparation system that is both practical and results-oriented. His structured approach, as reflected in programs such as SureShot IP, ensures that aspirants concentrate solely on what is truly important for the exam. The takeaway is simple: success in the LIE is not about studying more, but about studying smartly with the right guidance, resources, and strategy.

 

  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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