Overcoming the conundrum owing to Vidarbha Industries Judgment With the advent of Insolvency and Bankruptcy Code, 2016 (“IBC”/ “Code”), the Financial Creditors and Operational Creditors were...
Proposed amendments to the IBC to improve its implementation efficiency The amendments are being suggested to address grievances of lenders arising out of the prevalent legal framework for...
Insufficient stamping of documents and the IBC : The interplay Over the past few years, the constant interaction between Insolvency & Bankruptcy Code, 2016 ("IBC/Code") and the Indian Stamp...
"Control" Under The Takeover Regulations, 2011 The position of law on the interpretation of the term "control" forms the rationale for requiring prospective acquirers obtaining such 'control' to be...
INDIA'S BAD DEBT – AN INTERNATIONAL PERSPECTIVE NARCL's creation provides a key opportunity for Indian banks (especially state-owned banks) to sell distressed loans and improve their balance sheets ...
REVITALIZING THE INSOLVENCY REGIME IN INDIA Despite shrinking recoveries and higher rate of liquidation during the latter phase of its quinquennial, even the strongest critics of IBC would yield to...
THE IMPORTANCE OF CORRECTLY IDENTIFYING A COMPANY'S CENTER OF MAIN INTERESTS FOR THE PURPOSES OF OBTAINING RECOGNITION AS THE FOREIGN MAIN PROCEEDING UNDER THE UNCITRAL MODEL LAW ON CROSS-BORDER...
ASSET RECOVERY IN THE OFFSHORE WORLD – PRIVATE BUT NOT SECRET Overall, cases involving asset recovery require a coordinated approach both onshore and offshore, factoring in the location of assets...
POWERS OF NCLT UNDER SECTION 230 OF THE COMPANIES ACT, 2013 As affirmed by the NCLAT, the NCLT cannot exercise its inherent powers to go beyond the scope and purview of the provision, and...
BOLSTERING THE REGULATORY FRAMEWORK FOR INSOLVENCY RESOLUTION OF NBFCS A more rare and unexplored form of triggering insolvency resolution, lies hidden under the Insolvency and Bankruptcy (Insolvency...
IBC MAKING DISTRESSED ASSET LANDSCAPE FERTILE In the last five years, the Code has conquered several challenging stages but the Code is still at a nascent stage with several remaining ambiguities...
LIMITATION LAW UNDER INSOLVENCY AND BANKRUPTCY CODE, 2016: SC FINALLY BELLS THE CAT SC held that an offer of one-time settlement of a live claim, made within the period of limitation, can also be...
