OUT OF THE FRYING PAN, INTO THE FIRE How India-Based Debtors Can Stand Up to Aggressive Global Lenders in a Post-COVID World? The loan moratorium period set by the Reserve Bank of India in the wake...
License dues trump the Insolvency & Bankruptcy Code? The DoT or any government/private licensor cannot be treated favorably over the interest of lenders, this being contrary to the scheme of the...
Residuary jurisdiction of NCLT under Bankruptcy Code can't be absolute The jurisdiction of the NCLT under Section 60(5) is a 'residuary power' and should not be misconstrued as an 'inherent power' to...
Mergers & Acquisition Landscape – Looking Back to Look Ahead While the pandemic has been an incredibly difficult time for all sectors, it has kick-started a reforms cycle in India… The Genesis...
Insolvency and Bankruptcy Code: Supreme Court of India Endorses the Fresh Start On a Clean Slate Principle The Supreme Court holds that a successful resolution applicant should be given an...
The Workings of the Pre-Pack Insolvency Process a Primer While the evolution of the insolvency and bankruptcy laws in the country coupled with the black swan event sweeping the globe has led to the...
Resolution Plan Under IBC Binding Effect and Overriding Provisions Under IBC Once the offer of the Resolution Applicant is accepted and the Resolution Plan is approved by the appropriate authority,...
DDE - Digital Future for Loan Documentation NeSL has, as part of the Core Services assigned to it under the IBC 2016, set up a secured Digital Documents Execution (DDE) Platform to aid MSMEs and...
A New Year's Wishlist for The IBC The Insolvency and Bankruptcy Code, 2016 ("IBC") completed its fourth anniversary in December 2020. As it enters its fifth year, one cannot help but look back at...
Recognition of Hong Kong Insolvency Proceedings in Mainland China A Test Case in the Making? Re Ando paves the way for a long-awaited test case, which has emerged at a time when a proposed framework...
Corporate Insolvency Resolution Process Post Covid-19 Case for a Carve-Out in IBC for Resolution Applicants on Account of Force Majeure Event?Although "maximization of value" is one of the main...
Proceedings against Personal Guarantors in NCLT Current SituationPresently, the simultaneous commencement of insolvency proceedings by the lender against the corporate debtor and the corporate...
