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Navigating Legal Overlaps: Recalibrating The IBC With RERA, PMLA, And Competition Law In India’s Regulatory And Administrative Framework




Jayaditya Sharma, Symbiosis Law School, Noida


ABSTRACT


This research paper will be pivotally focused on the critical analysis of the Insolvency and Bankruptcy Code, 2016. The Insolvency and Bankruptcy Code, 2016, was introduced in India as a comprehensive mechanism to streamline insolvency resolution. The implementation of the IBC, 2016 commenced on 1-12-2016. However, its engagement with various sectoral laws such as the Real Estate (Regulation and Development) Act, 2016 (RERA), the Prevention of Money Laundering Act, 2002 (PMLA), and the Competition Act, 2002 has exposed critical legal overlaps and jurisdictional conflicts, these collisions raise important questions about legislative supremacy, regulatory coordination and the scope of the National Company Law Tribunal’s authority under the IBC. Since 2014, RBI has cracked down on several significantly on the bad loans situation accumulated in the banking system.


The government had tried to supplement the problem by very progressive and constructive initiatives such as the Joint Lenders Forum (JLF), Strategic Debt Restructuring (SDR), etc. However, these programmes, which have been exclusively launched by the problem, are not able to address the wide plethora of situations under various statutory laws. Although it has many advantages, this law also has lacunae that have caused mismanagement and inappropriate usage of code, but this is our central concern and propulsion towards an attempt to analyse the impact of IBC on the Indian economy.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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