Posts

Covid 19 : Increase of the threshold amount for default under IBC - Retrospective or not ?

Vide Notification dated 24.03.2020 ( Link to Notification ), the Central Government has increased the threshold amount from Rupees One Lakh to Rupees One Crore to trigger insolvency proceedings under Insolvency and Bankruptcy Code, 2016 (hereinafter referred to as " the code "). The Central Government derives its power from the proviso of the Section 4 of the Code to increase the threshold amount which provides that: "4. (1) This Part shall apply to matters relating to the insolvency and liquidation of corporate debtors where the minimum amount of the default is one lakh rupees: Provided that the Central Government may, by notification, specify the minimum amount of default of higher value which shall not be more   than one  crore rupees"   The notification, inter-alia, is issued in response to the relief measures announced by the Government of India in view of the on going Covid - 19 pandemic. Therefore the quintessential question that arises is- wh
Recent posts