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Episode 10 - Swiss Ribbons Pvt. Ltd. V. Union of India - Constitutional Validity of the Code


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With the enactment of the Insolvency and Bankruptcy Code, 2016 ("Code" or "IBC") there has been a paradigm shift in the way the insolvency proceedings are being handled. The law provided for only two classes of creditors, one the operational creditors and the financial creditors. The way their rights are ascribed under the code, attracted judicial scrutiny. 

Being an economic legislation where time bound resolution is major focus, the supreme court of India addressed the issues under IBC in a speedy manner. On January 25, 2019, the Hon'ble Apex Court pronounced a landmark judgement in the case of Swiss Ribbons Pvt. Ltd. v. Union of India upholding the constitutional validity of the Code. Through this podcast we discuss the various issues raised in the case and the rationale behind upholding the constitutional validity of various provisions under this code. Speaker: 

Mr Himanshu Gupta is an advocate and is currently pursuing Graduate Insolvency Programme (GIP) at the Indian Institute of Corporate Affairs ('IICA'), Manesar. If VListen... We Learn! Keep Listening to VListen... India's First Podcast Channel on Insolvency Law!

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