NCLAT | IRCCL

Namya Gambhir

Dec 157 min read

Redefining Locus Standi for Oppression and Mismanagement: Shift in the Statutory Scheme

This post examines the requirement of being a ‘member’ to maintain oppression and mismanagement petitions.

Manav Pamnani, Shourya Sharma

Aug 258 min read

Navigating Section 14: Applicability to Foreign-Seated Arbitrations

The selective applicability of the provisions of Section 14 to only domestic-seated arbitrations results in several complexities.

Rikhil Haldar, Tanya Mahajan

Jul 206 min read

Family Feuds at Work? Re-Thinking the Lifting of the Corporate Veil

NCLT must evolve to address the complexities of family-owned businesses, recognizing the impact of family dynamics on corporate governance.

Prakhar Khandal, Jitesh Lakra

Jul 197 min read

Arbitrability of Shareholder Disputes in India: Addressing "Dressed-Up" Corporate Oppression Claims

Arbitration can be initiated while dealing with shareholder disputes if it is found that the origin of the dispute lies in the agreement.

Aarya Parihar

Jun 57 min read

Project-Wise CIRP: To Order or Not?

This post outlines the real estate sector’s importance and elucidates the concept of project-wise corporate insolvency resolution process.

Shravasti Yadav, Varuni Gawai

Feb 35 min read

Understanding AoA Amendments: Right of Pre-emption and O&M Considerations

The pre-emptive clause in the AOA plays a pivotal role in the management of the company and an omission of the same amounts to O&M.

Heeya Sharma, Snigdha

Feb 15 min read

Analyzing the Contours of the Doctrine of Commercial Wisdom in light of Equitable Treatment of the Stakeholders

There is need for balance to be struck between commercial wisdom and ensuring fair and equitable treatment of all stakeholders.

Masad Khan

Jan 286 min read

MSME Exemption under IBC: Closing the Loophole

It is important that the law laid down in the case of Hari Babu Thota be reviewed.

Subhasish Pamegam

Jan 277 min read

Unveiling Appeal Limits: Supreme Court Verdict on Section 61 of IBC

The recent Supreme Court judgment has brought forth a crucial clarification regarding the limitation for filing appeals under Section 61.

Sidhanth M K Majoo, Arpit Dhingra

Jan 266 min read

CCDs: Balancing Investor Interests and Fairness in Legal Interpretation

The exploration of CCDs in insolvency cases shows a complex scenario where debt and equity distinctions are blurred.

Pratyanik Chakraborty

Jan 226 min read

What Art Thou, CCD: Debt Equity or Still a Confusion?

Hybrid securities, by virtue of having the best of both the worlds of debt and equity, are a highly desirable instrument.

Garvit Shrivastava, Harshita Dhakad

Jan 187 min read

NCLAT’s Ruling on CIRP’s Misuse through Barter Agreement and RERA’s Right To Appeal

The legal stance taken by NCLAT ensures that the remedy of compensation granted by RERA remains a robust and effective tool for homebuyers.

Ishita Warghat

Dec 31, 20235 min read

An Attempt to Align IBC with CTC: A Step in the Right Direction?

This article seeks to analyze the rationale and implications of the change to the aviation sector through the lens of the IBC.

Shweta Kushe

Nov 30, 20238 min read

Paper Tigers: NCLT and NCLAT’s Contempt Jurisdiction under the IBC

A court of law that cannot ensure compliance to its orders is a mere courthouse of brick and mortar.

Govinda Asawa, Arayan Khare

Nov 4, 20235 min read

Cape Town Convention and Insolvency and Bankruptcy Code: Recent MCA Notification

Not only did the NCLT decision disallow the repossession of aircraft by the lessor, but it also projected India as a risky jurisdiction.

Chaitanya Gupta

Nov 1, 20235 min read

Enforceability of Foreign Arbitral Awards through Section 7 of IBC

The article demonstrates that a foreign arbitral award can be enforced by a financial creditor in India under Section 7 of the IBC.

Nakshatra Gujrati

Aug 18, 20235 min read

Consent Terms under IBC and Revival of CIRP on its Breach

The recognition of consent terms under the IBC represents a significant development in the Indian insolvency regime.

Aayush Panwar, Aditya Maheshwari

Feb 8, 20235 min read

Supertech Insolvency: A Tussle Between Rights of Home-Buyers and Maximizing Assets under CIRP

This article aims to elucidate the provisions pertaining to reverse CIRP under the IBC.

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