Symbolic Stake of Operational Creditors in the IBC Falak Doshi Final-year LL.B Government Law College, Mumbai Before the Insolvency and Bankruptcy Code, 2016 (“the Code”) came into effect, there were multiple...
Catalyzing MSMEs through A Facilitative Distress Resolution Process – By Mathew Jacob
Catalyzing MSMEs through A Facilitative Distress Resolution Process Mathew Jacob LLM-IBL, NALSAR University of Law & Indian Institute of Corporate Affairs Introduction Micro, Small, and Medium Enterprises (MSMEs)...
Avoiding Costly Mistakes: The Importance of Liquidated Damages – By Aakanksha Agarwal, Suraj Gupta & Anushka Gupta
Liquidated damages are important in a contract for its enforcement as they hold the parties responsible for breach of contract, ensures fair compensation and simplify the process of dispute resolution. There are some...
Inter-Corporate Lending in India A Comprehensive Review of Legal Frameworks and Implications – By Aditya Pandey
India is centre of innovation and a rising force in entrepreneurship. Every day we witness the power of recently established businesses. Funds are needed for the operations and management of these breakthroughs and...
Legal Implications of Contingent Claims under The Insolvency and Bankruptcy Code, 2016: Balancing The Clean Slate Theory and Creditors Rights – By Sachin Raj & Sakshi Sinha
Legal Implications of Contingent Claims under The Insolvency and Bankruptcy Code, 2016: Balancing The Clean Slate Theory and Creditors Rights Sachin Raj & Sakshi Sinha 4th Year, B.A. LL.B. (Hons.) Symbiosis Law...
Spurious Shield: “Pre Existing Dispute” under section 8(2) (a) as a tool to delay CIRP by the Corporate Debtor – By Radhika Baderia & Aditya Pratap Singh
High Court had correctly applied a prima facie review to determine the genuineness of the dispute, highlighting Goqii's strategic attempt to avoid payment by raising baseless allegations only after receiving a demand...
Arbitration v. Court: Examining the Arbitrability of Shareholder Disputes in India – By Amit Kumar
Arbitration v. Court: Examining the Arbitrability of Shareholder Disputes in India Amit Kumar 3rd Year, B.A. LL.B(Hons.), Chanakya National Law University, Patna Introduction Lately, with the boom in business activity...
Glas Trust Company LLC v Byju Raveendran: Reaffirming Collective Interest Principle in IBC Settlements – By Preeti Thakur
Glas Trust Company LLC v Byju Raveendran: Reaffirming Collective Interest Principle in IBC Settlements Preeti Thakur Second Year LL.B. (Hons.), National Law School , Bengaluru Introduction The Insolvency and Bankruptcy...
Decoding the Conundrum of Rectificatory Jurisdiction of NCLT under Section 59 of Companies Act – By Ashita Chawla & Amarpal Singh Dua
Decoding the Conundrum of Rectificatory Jurisdiction of NCLT under Section 59 of Companies Act Ashita Chawla & Amarpal Singh Dua Advocates Practicing before the Supreme Court of India Introduction This article...
Navigating Procedural Complexities Concerning Resolution Plans in Insolvency Law: Recent Precedents and Implications – By Shivansh Kaushik and Chetana Goud
Navigating Procedural Complexities Concerning Resolution Plans in Insolvency Law: Recent Precedents and Implications Shivansh Kaushik 4th Year, B.A. L.L.B. (Hons.), NLU Odisha Chetana Goud 4th Year, B.A. L.L.B. (Hons...
Digital Disruption and Debt Resolution: A New Paradigm –
Digital Disruption and Debt Resolution: A New Paradigm Shivangi Gupta 5th Year BA. LL.B.(Corporate Law Hons.), School of Law, UPES, Dehradun Introduction “AI is present to provide a facilitative tool to judges in order...
Creditor in Control vs. Debtor in Possession – An Evaluation and Exploration of their Efficiency – By Sudhanva Bharadwaj
Creditor in Control vs. Debtor in Possession – An Evaluation and Exploration of their Efficiency Sudhanva Bharadwaj 4th year law student, B.A. LL.B. (Hons.), Jindal Global Law School Abstract The debate...
Winding Up of a Company by a Tribunal- Analysis – By Adv. & IP Akhila Bolla and Adv. K.S. Samiksha
Winding Up of a Company by a Tribunal- Analysis Adv. & IP Akhila Bolla (B.Com, LL.B, LL.M, PGIP) Adv. K.S. Samiksha (B. Com, LL.B) Introduction The Companies Act, 2013 in India contains provisions for the winding...
Significance of issuing Notice under Sections 10, 31, 33, 94, 99 and 112 of IBC – By Simarpreet Kaur Chabbra
Significance of issuing notice under Sections 10, 31, 33, 94, 99 and 112 of IBC Simarpreet Kaur Chabbra[1] LRA NCLT Bengaluru Bench Abstract According to the landmark decision of the Hon’ble NCLAT in Go Air Airlines...
Viability of Reverse Corporate Insolvency Resolution Process: Addressing India’s Real Estate Insolvency Crisis – By Gautam Jha & Anushka Sharma
Viability of Reverse Corporate Insolvency Resolution Process: Addressing India’s Real Estate Insolvency Crisis Gautam Jha & Anushka Sharma 4th Year, B.A. LL.B, NMIMS, Indore Introduction and Background The Indian...
Limitation Period for Interim Awards: When Does Clock Start Ticking? – By Nihareeka Ghadage and Soham Bhagwat
Limitation Period for Interim Awards: When Does Clock Start Ticking? Nihareeka Ghadage 5th year B.A.LL.B., ILS Law College, Pune & Soham Bhagwat 5th year B.A.LL.B., Shankarrao Chavan Law College, Pune...
Case Analysis of Judgement of Noida Power Company Limited v Mr. Gaurav Katiyar RP of Earthcon Universal Infractech Pvt. Ltd. – By Adv. Sahil Arora
Case Analysis of Judgement of Noida Power Company Limited v Mr. Gaurav Katiyar RP of Earthcon Universal Infractech Pvt. Ltd.1 Adv. Sahil Arora Advocate, Delhi High Court Brief Background of Appeals Appellants filed...