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Showing posts with the label #Scrap_Ill_Conceved_IBC

IBC’s Clean Slate and the Unpaid Sin: Section 32A, Section 66, and the Corporate Metamorphosis of Liability

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  IBC’s Clean Slate and the Unpaid Sin: Section 32A, Section 66, and the Corporate Metamorphosis of Liability Posted on 27th February, 2026 (GMT 04:57 hrs) ABSTRACT The Insolvency and Bankruptcy Code, 2016 establishes a dual legal framework combining fraud recovery and insolvency resolution. Section 66 embodies the Code’s accountability function by empowering recovery from fraudulent and wrongful trading, thereby restoring value to creditors. In contrast, Section 32A, introduced in 2019 with retrospective effect, extinguishes corporate criminal liability once a resolution plan is approved and control passes to new management. This paper argues that these provisions operate in structural tension: Section 66 presupposes continuity of corporate liability to enable recovery, while Section 32A extinguishes corporate criminal liability while preserving corporate identity, assets, and economic continuity. Through a doctrinal case study of Dewan Housing Finance Corporation Ltd. (DHFL)...

Pamphlet For DHFL Victims: No More “Clean Slates” For IBC-Proof Crony Capitalism!

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  Pamphlet For DHFL Victims: No More “Clean Slates” For IBC-Proof Crony Capitalism! Posted on 25th February, 2026 (GMT 05:39 hrs) ABSTRACT This pamphlet is a fact-based cry from over 2.5 lakh DHFL depositors who lost life savings in massive 54–77% haircuts. It chronicles how India’s first AAA-rated NBFC — a sound ₹91,000+ crore housing finance company — was deliberately dismantled under the IBC: starting with Ajay Piramal’s “shock” warning (28 Jan 2019) followed by the Cobrapost exposé (29 Jan 2019), RBI supersession (20 Nov 2019), CIRP admission (3 Dec 2019), mid-process insertion of Section 32A immunity (28 Dec 2019), ignored full-repayment proposals, a Re 1 giveaway of ₹45,000 crore Section 66 recoveries, judicial overrides culminating in Supreme Court approval (1 Apr 2025), reverse mergers to sanitize legacy, and PMLA discharge of the corporate debtor (2 Feb 2026) under Section 32A — while Piramal Finance now thrives (AUM ₹96,690 crore up 23% YoY, PAT up 162%). Highlightin...