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IBBI amends insolvency resolution rules
The Insolvency and Bankruptcy Board of India (IBBI) enacted amendments to the Insolvency Resolution Process for Corporate Persons (CIRP) Regulations, 2016.
The changes are outlined in the Insolvency and Bankruptcy Board of India (Insolvency Resolution...
Only creditors distribute assets discovered after CIRP
In Allahabad Bank v SPS Steels Rolling Mills Limited, the National Company Law Tribunal (NCLT) considered how the assets of a corporate debtor discovered after the approval of a resolution plan should be distributed.
SPS,...
Securing the rights of dissenting financial creditors
In the recent case of DBS Bank Limited Singapore v Ruchi Soya Industries Limited and Anr, the Supreme Court held that in the insolvency proceedings of a corporate debtor, the dissenting financial creditors were...
TM rights in ‘Shakti Bhog’ controversy amid insolvency proceedings
Amid the ongoing criminal proceedings alleging fraud and money laundering against officers of the Shakti Bhog companies and of creditor bank employees, insolvency proceedings are underway and have been for some time. A dispute...
Reasoning at the heart of decision
The Supreme Court recently held, in Ramkrishna Forgings Limited v Ravindra Loonkar, Resolution Professional of ACIL Limited and Anr, that when the National Company Law Tribunal (NCLT) invoked section 31(2) of the Insolvency and...
Fresh directions
National Company Law Tribunal Mumbai counsel Mansi Kaku explores crucial changes that the insolvency board seeks to better align the corporate insolvency resolution process and overcome significant challenges
It is often said that, in...
Resolving an unstamped non-disclosure agreement
In a recent judgment, the Bombay High Court dealt with the issue of stamp duty on non-disclosure agreements containing an arbitration clause. The court made its order under the provisions of section 11 of...
Dentons Link Legal acts for Educomp Solutions at NCLT
Dentons Link Legal has assisted Educomp Solutions to secure approval from the National Company Law Tribunal (NCLT) for the resolution plan proposed by Ebix Singapore.
Educomp Solutions is an edtech company that has been undergoing...
Call for comment on real estate insolvency amendments
In a bid to streamline real estate insolvency procedures, the government has unveiled a discussion paper about mitigating challenges encountered during corporate insolvency resolution processes (CIRPs).
The discussion paper, released on 6 November 2023, delves...
IBBI proposes streamlining insolvency process
A discussion paper on amendments to the Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Process) Regulations, issued on 1 November, aims to improve the efficiency of executing resolution plans.
The Insolvency...
Hope for financially stressed subsidiaries of overseas companies
Overseas companies entering the Indian market through the wholly owned subsidiary route do so with hope and expectation. While the majority of ventures have worked out well, there have been instances where the subsidiary...
Full speed ahead
Foreign firms grab the reins to fuel India Inc’s rising ambitions. Vandana Chatlani reports
The past year has been one of renewed optimism. India overtook the UK to become the world’s fifth-largest economy, with the...
The International A-list 2023
The foreign lawyers most recommended by clients and peers for their work on the cross-border aspects of India-related matters. Katherine Abraham reports
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In 2022, India experienced a surge in deal activity, setting...
Harsh words not a thief of reputation
In the recent case of Marico Limited v Dabur India Limited, the plaintiff applied to the Delhi High Court for an interim injunction restraining the defendant from communicating or sharing print and WhatsApp advertisements. Marico...
Shortfall undertaking is financial debt under IBC
In lending transactions, standard practice is to obtain shortfall undertakings, that is meeting any shortfall in the repayment of the underlying facility from holding companies of the borrower or financially strong companies in the...
IBC valuations may spike with proceeds of avoidable transactions
Insolvency and Bankruptcy Board of India (IBBI) data shows that, as of September 2022, creditors had realised INR2.43 trillion (USD29.97 billion) of the INR7.19 trillion claimed through the corporate insolvency resolution process (CIRP) under...
GCs fight for access
In 2022, it seems bizarre that in-house counsel may not carry a bar licence owing to an antiquated law that dates to the middle of last century. Freny Patel looks at the battle for...
Speed important in IBC but fairness more so
Recently, in Rathi Graphics Technologies Limited v Rajkumar Rathi & Ors, the National Company Law Tribunal (NCLT), relying on Supreme Court decisions and the report of the Bankruptcy Law Reform Committee, held that committees...
Grey Matter Legal founders, Luthra partner launch new firm Aretha
Grey Matter Legal founding partners Ray Vikram Nath and Prashant Kumar, along with Luthra and Luthra Law Offices partner Nitin Gera have launched Aretha Legal.
“Grey Matter Legal has merged its practices into the newly...
High court decodes shape marks and their registration
A product has established itself in the marketplace if an average consumer starts associating its shape as a brand denoting the proprietary source of that product. Few such examples are Toblerone chocolate, the Coca-Cola...
IBBI amends liquidation regulations
The Insolvency and Bankruptcy Board of India (IBBI) has made several major modifications to liquidation regulations, which came into effect on 6 September. The changes will ensure better stakeholder participation, cut back on delays...
JSA acts for SBI in stalled Dunar Foods insolvency proceedings
The National Company Law Appellate Tribunal (NCLAT) upheld an NCLT decision setting a precedent and paving the way for progress on the resolution of the Dunar Foods insolvency proceedings. JSA acted as the legal...
Bouncing back
As business and travel edge back to normal after the pandemic, which foreign law firms are leading the field with their India offerings? Vandana Chatlani finds out
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F
ollowing a swift...
Partial sale of assets proposed in insolvencies
In a significant move that would bring major changes to insolvency procedures, the Insolvency and Bankruptcy Board of India (IBBI) has proposed to allow the sale of part assets/businesses of corporates facing such proceedings.
However,...
SNG inks pact with R&P to widen geographical reach
Mumbai-based SNG & Partners and southern-based firm R&P Partners have created a pan-India presence after establishing a joint venture to widen their client base and strengthen their foothold outside their respective territories.
SNG & Partners...
Shaky ground
A spate of defaults at several prominent real estate companies has left creditors and homeowners on shaky ground, with several challenges awaiting them at the insolvency court, writes Vineeta Bansal
When Supertech, one of the...
Indian Law Firm Awards 2022
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In a celebration of hard work, ingenuity and excellence, India Business Law Journal reveals the winners of the 2022 Indian Law Firm Awards. Vandana Chatlani reports
In the past 12...
MICECA – Key to expanding India-Malaysia economic and trade ties
On 2 April 2022, Australia and India signed their highly anticipated Economic Co-operation and Trade Agreement (ECTA), six months after negotiations between the two nations restarted in September 2021. The ECTA is seen as...
CCI’s penalty orders need guidance, consistency
The Competition Act, 2002 (act), gives wide discretion to the Competition Commission of India (CCI) to penalise enterprises and individuals for engaging in anti-competitive practices. Under section 27(b), the CCI can impose a penalty...
Withdrawal of CIRP may save corporate debtor
The object of the Insolvency and Bankruptcy Code, 2016 (IBC) is to maximise the asset value of the corporate debtor while protecting and balancing the interests of all stakeholders. The IBC discourages individual actions...
IBC offers attractive options for M&A deals
The Insolvency and Bankruptcy Code, 2016 (IBC) has gradually evolved but, following a number of amendments, now offers a value route for M&A transactions. Corporate insolvency prior to 2016 was a disordered process but...
Keeping up with IP
India’s IP regime is going through a tumultuous period with the abolition of the IP appellate board earlier this year, the emergence of new technologies, and challenges associated with covid-19 vaccines. We brought together...
Jumping ship
Several senior foreign lawyers with India expertise have joined new law firms of late. Vandana Chatlani explores what is prompting them to move
In the past 12 months, several foreign lawyers with prominent India-related experience...
New law on pre-pack resolution plans under IBC
The Insolvency and Bankruptcy Code (Amendment) Bill, 2021, which provides for pre-packaged insolvency resolution processes (PPIRP), has received assent and replaces the Insolvency and Bankruptcy (Amendment) Ordinance, 2021.
The bill inserts a new chapter, III-A,...
Chasing change
Regulating for a slice of tech pie
Tax authorities across the globe have been denied access to big tech profits by strategies made possible because of the digitalisation of economies and the flattening of borders....
Mapping global expertise
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Making sense of markets
Jitters, uncertainty can move stock prices
A superstar footballer moves two Coke bottles out of the spotlight during a press conference and replaces them with water, reportedly prompting a USD4 billion drop in Coca-Cola’s market value....
Gender in justice
Senior women lawyers across Asia share their personal stories of success, strategy, struggle and loss, all towards a more inclusive legal profession. Putro Harnowo reports
The legal profession has long been subject to criticism for...
IBC and exclusions from committee of creditors
During the corporate insolvency resolution process (CIRP), the committee of creditors (COC) is the de facto board of the defaulting company. The COC is constituted after collating all the claims on the debtor, and...
HSF’s disputes head joins Bird & Bird
Nicholas Peacock, the former head of the India disputes practice at Herbert Smith Freehills (HSF), has left the firm after 14 years to join Bird & Bird.
Peacock joins the firm as partner and head...
Indian Law Firm Awards 2021
Discover our other annual awards Award
Vandana Chatlani reports
India has faced a terrible year battling the covid-19 pandemic. Companies and law firm offices shut shop. Homes were turned into work spaces, and lawyers relied on...
Troubled MSMEs thrown a lifeline with pre-pack resolutions
The long-awaited Insolvency and Bankruptcy Code (Amendment) Ordinance, 2021, (ordinance) has amended the Insolvency and Bankruptcy Code, 2016 (code), with the aim of reviving micro, small and medium enterprises (MSME). The ordinance has inserted...
Indian parties can choose foreign seated arbitrations
The Supreme Court put to rest the contentious issue on foreign-seated arbitration last month in a landmark judgment that brings India in line with international best practices and paves the way for Indian parties...
Guarantees will ensure better payment of debts for now
It is a common practice for lenders to obtain guarantees for securing financial assistance granted to a borrower entity. The guarantor’s liability crystallises as soon as the borrower defaults on the debt. However, the...
The conundrum of third-party security holders
Much has been said about the obligation of a third-party security provider when a borrower enters the corporate insolvency resolution process (CIRP) under the Insolvency and Bankruptcy Code, 2016 (IBC). Under a financing transaction,...
Driver’s seat
The pre-pack insolvency resolution process allows corporate debtors to take the wheel and steer their way out of tricky situations, but its success will depend on how certain roadblocks are bypassed. Akaant KM reports
Unprecedented times...
Future legal leaders
Future Legal Leaders 2024
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Future Legal Leaders 2022
India Business Law Journal reveals 50 up-and-coming lawyers who are making a name for themselves in the profession
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In a year...
Impact of insolvency and bankruptcy code on MSMEs
Micro, small and medium enterprises (MSME) contribute 8% to GDP, employ 106 million, that is 40% of the workforce, produce 45% of manufacturing output and 40% of total exports. While MSMEs play a vital...
The A-List 2020
India Business Law Journal reveals the country’s most recommended lawyers and legal icons
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Each year, the A-List seeks to recognize India’s most outstanding lawyers. This year required the country’s top lawyers to...
Invocation of force majeure in insolvencies
The doctrine of frustration envisaged in section 56 of the Indian Contract Act, 1872, was recently applied by the National Company Law Tribunal (NCLT) in the case of Suraksha Asset Reconstruction Ltd & Ors...
Billions on the line
Vodafone may have won the day after a favourable arbitration result cut off India's claim to massive back taxes, but will this crucial award remain unchallenged when so much more is at stake? Freny...
Fox Mandal appoints new COO
Fox Mandal & Associates has hired Ramaswamy Balasubramanian as its new chief operating officer (COO).
Balasubramanian will oversee the operations of Fox Mandal and its strategic ambitions.
He will also serve as director of infrastructure advisory...
A cut above the rest
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Will Covid spell the end for Bollywood?
“A film is a petrified fountain of thought.” When Jean Cocteau said these words he would not know that much later they would sum up a revolution in the entertainment industry. Bollywood, regional cinema,...
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Deals of the Year 2019
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Court rules committee of creditors is supreme
Essar Steel India defaulted on repayment obligations to its creditors and in 2017 Standard Chartered Bank (SCB) and State Bank of India filed petitions for financial debt under the Insolvency and Bankruptcy Code, 2016....
NBFCs brought under purview of insolvency code
With the introduction of a codified law on insolvency and bankruptcy processes, restructuring jurisprudence entered a new era. While the new law focused on rehabilitating and restructuring stressed companies, restructuring processes involving financial service...
Something for everyone in the Essar judgment
The long-awaited decision of the Supreme Court in Committee of Creditors of Essar Steel India Limited v Satish Kumar Gupta & Ors case comes as a relief for financial creditors, especially those holding security,...
New GC at Hindustan Coca-Cola Beverages
Preeti Balwani has joined Hindustan Coca-Cola Beverages (HCCB), the bottling arm of Coca-Cola, as its general counsel.
Prior to HCCB, Balwani was the general counsel of Kraft Heinz. She now moves to Bengaluru to work...
Evolution of the committee of creditors’ authority
The role of the committee of creditors (CoC) in a corporate insolvency resolution process (CIRP) has increasingly been scrutinized and clarified by various courts and tribunals, including the Supreme Court. There have also been...
A commercial primer on 2019 amendments to IBC
The Insolvency and Bankruptcy Code (Amendment) Act, 2019, seeks to reduce delays in the resolution process because there has been extensive litigation on various aspects of the IBC. A resolution plan can provide for...
Recent amendments to insolvency regulations
With the introduction of The Insolvency and Bankruptcy Code (Amendment) Bill, 2019, on 24 July 2019 in the Rajya Sabha, the government has sought to amend the Insolvency & Bankruptcy Code, 2016. Earlier, the...
Leaders of the pack
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Many hurdles in Deccan Chronicle insolvency
The legal team that advised on the Deccan Chronicle Holdings insolvency had to contend with multiple issues and challenges. The National Company Law Tribunal (NCLT) approved the resolution plan put forward by SREI Multiple...
Liquidation under IBC
Dear Editor,
In the matter of SC Sekaran vs Amit Gupta & Ors, relying on the decisions of the Supreme Court in Swiss Ribbons Pvt Ltd & Anr v Union of India & Ors and...
Insolvency code: Judicial trends
Abhishek Tripathi and Avantika Shukla look at role of adjudicating bodies in IBC's evolution
The Insolvency and Bankruptcy Code, 2016 (IBC), is considered to be among the biggest achievements of the National Democratic Alliance (NDA)...
Investing through insolvency code
IBC has created opportunities for equity and debt investors alike, write Sanjay Asher and Nikhil Kaul
The Insolvency and Bankruptcy Code, 2016 (code), notified by the government of India in May 2016, was in response...
Giving creditors their fair share
Protecting the interests of operational creditors is key to IBC's success, writes Mahesh Agarwal
The preamble of the Insolvency and Bankruptcy Code, 2016 (IBC), lays out the code’s dual objectives of “maximization of value of...
Commercial implications of RBI circular strike-down
The Supreme Court recently struck down the Reserve Bank of India Circular dated 12 February 2018 (RBI circular), which directed banks to mandatorily initiate corporate insolvency resolution process (CIRP) for defaulting companies with loan...
The International A-List 2019
India Business Law Journal reveals the top 100 India-focused legal experts outside the country
View the A-List 2019
For more than 20 years the opening of India’s legal market to foreign law firms has been the...
Former directors must be given agenda before creditors meeting
The Supreme Court, while dealing with an issue relating to the Insolvency and Bankruptcy Code, 2016 (IBC), held that former members of the board of directors, being vitally interested in resolution plans that may...
Deals of the Year 2018
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In sickness & health
Rajiv Choubey explores the evolution of law surrounding insolvency and bankruptcy, and how regulations designed to protect sick companies had been misused until the Insolvency and Bankruptcy Code was enacted
Insolvency and Bankruptcy Code 2016
The...
Government’s intervention in IL&FS default
Dear Editor,
The government’s intervention in Infrastructure Leasing & Financial Services (IL&FS) is symptomatic of the push and pull motions the government faces in liberalizing its economy. Ideally, a few of IL&FS’ infrastructure focussed subsidiaries...
Extension beyond 270 days: New attempt at resolution
Strict timelines distinguish the Insolvency and Bankruptcy Code, 2016, from previous insolvency regimes. The code prescribes a 180-day period for completion of the corporate insolvency resolution process (CIRP), which can be extended to 270...
Homebuyers’ arsenal adds financial creditor status
With the recent amendment in the Insolvency and Bankruptcy Code, 2016 (IBC), effective 6 June 2018, the status of homebuyers who are allottees of a real estate project is raised to financial creditors, enabling...
Recognition of homebuyers: Sympathy without security
The fate of homebuyers when a real estate developer (RED) undergoes a corporate insolvency resolution process (CIRP) under the Insolvency and Bankruptcy Code, 2016 (IBC), has been intensely deliberated. An amendment of the IBC...
Changes aim to halt abuse of insolvency proceedings
A rise in high-profile banking frauds led to the Insolvency and Bankruptcy Code (Amendment) Ordinance, 2018. The ordinance, effective from 6 June, presses for greater transparency in the corporate insolvency resolution process (CIRP), to...
High fliers
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Bhushan Steel IBC’s first big win
The legal team advising Tata Steel in its acquisition of Bhushan Steel faced significant challenges while carrying out a limited due diligence on the target.
“The due diligence process was very complex, as the information...
Realty sector reality check tempers home buyer news
With the coming into force of the Insolvency and Bankruptcy Code (Amendment) Ordinance, 2018, home buyers have finally been recognized as financial creditors, at par with others in the same category. However, a reality...
Stress test
The battle between Vodafone and the government serves as a pressure gauge for the courts in investment treaty disputes. Rebecca Abraham reports on recent developments
The collapse of the Dabhol power project in 2001 resulted...
Court’s role in insolvency cases
Subodh Sadana and Bhuvan Arora analyse judicial intervention in insolvency resolution
The Insolvency and Bankruptcy Code (IBC) has so far travelled a short journey of about 18 months where it has already faced a plethora...
Tech savvy
Legal process management software products are becoming indispensable tools for in-house legal teams. Harsh Aggarwal and Roma Arora explain how they work
With general counsel now positioned within the highest ranks of company management, there...
A perfect storm
What you see may not be what you get
With the country’s banks taking yet another pummelling following the recent unearthing of large scale frauds, it is evident that checks and balances built into the...
True colours
Corporate counsel associations portray themselves as friend, adviser and management guide for in-house counsel. But are they delivering the goods? Gautam Kagalwala reports
In-house counsel are well aware of the services of corporate counsel associations...
Deals of the Year 2017
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Circular on anomaly shows goals of code take priority
The Insolvency and Bankruptcy Code, 2016 (IBC), implements a “creditor-in-possession” regime that vests decision making powers of the insolvent company with a “committee of creditors” (CoC), astutely recognizing that financial creditors will be better...
The A-List 2017
India Business Law Journal reveals its definitive list of the country’s most recommended private practice lawyers. Rebecca Abraham reports
For the second year running India Business Law Journal has put together a list of India’s...
Law firm billing rates survey 2017
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Weapons of choice
Are there any downsides to differentiating only on fees?
“Complete carnage” was how cricketer Ben Stokes described the moment during a bidding war at the Indian Premier League (IPL) auction earlier this year, when a...
Payback time?
The evolution of the Insolvency and Bankruptcy Code is being closely watched by companies, creditors and the government for the part they hope it will play in alleviating the country’s stressed assets problem. Gautam...
Compliance issues under insider trading regulations
Since the introduction of the new insider trading regime in 2015, India’s securities market has seen a number of changes in terms of processes and controls for transactions and also with regard to routine...
High-level talks helped to secure shipyard IPO
Multiple rounds of top-level discussions were needed to secure an agreement on terms for Cochin Shipyard’s initial public offering (IPO), according to a lawyer at the law firm acting as international counsel to the...
Global stars
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Practical implications of trading window closure
The Securities and Exchange Board of India (Prohibition of Insider Trading) Regulations, 2015 (PIT Regulations), restrict “insiders” from dealing in listed (or to-be-listed) securities when in possession of unpublished price sensitive information (UPSI). Any...
Sun, sand and support for in-house lawyers
More that 40 in-house lawyers, including heads of legal teams, attended a four-day conclave from 2 February to 5 February organized by the Indian Corporate Counsel Association (ICCA). They included Mohit Shukla, managing director...
No internet connectivity on planes over Indian airspace
Each time you board an aircraft to fly in India or even overfly the country, you are journeying back in time. An iron curtain prohibits flyers in Indian airspace from enjoying Wi-Fi connectivity. While...
Ease of doing business: myth or battle cry?
Centre-state differences undermine efforts to present India as a favourable commercial destination, argues PM Devaiah
While the great Indian juggernaut of liberalization chugs along, the never ending debate on improving the ease of doing business continues...
Look before you leap
Every policy tweak can be expected to have an equal, and often opposite, reaction
This truism, which has its roots in Isaac Newton’s principles of motion published over 300 years ago, is arguably at the...
Sun, sand and networking for GCs
More than 40 in-house lawyers, including heads of legal teams, attended a four day conclave from 2 February to 5 February organized by the Indian Corporate Counsel Association (ICCA). They included Mohit Shukla, managing director...
India in 2017
Four in-house counsel, a mediation specialist and partners at three law firms share their views on the developments that are likely to shape India’s business and legal climate in the coming year.
Privacy, data protection and...
In pursuit of parity
This age-old question is being answered yet again in the new Bollywood blockbuster Dangal, which tells a tale – inspired by real people and events – of sporting achievement by four girls who emerge...
The A-List 2016
India Business Law Journal teamed up with the Indian Corporate Counsel Association to compile a definitive list of the country’s most recommended private practice lawyers.
Rebecca Abraham reports
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Marking excellence
A great orator, outstanding scholar and humanist par excellence
The phrases above have been used to describe the legendary Nani Palkhivala, a giant of the Indian legal profession who has left an indelible mark on...
Blazing a trail
The Indian Corporate Counsel Association pays tribute to the leading lights of India’s in-house legal community in its new book, Trailblazers, writes Vandana Chatlani
Not long ago, India’s in-house lawyers were the legal community’s forgotten children;...
E-commerce valuations: To invest or not to invest?
In recent years, India has seen startups mushroom in the e-commerce sector. Boosted by cheaper data and penetration of smartphones to more households, mobile users today have greater access to e-commerce portals. The rapid...
Flipkart’s Sharma trades GC role for farming
Rajinder Sharma resigned from Flipkart at the end of July, after serving as its general counsel for 11 months. Sharma had signed a contract to work with the company for a minimum of two...
Samara purchases Adcock’s India unit
South African pharmaceutical manufacturer Adcock Ingram has signed a share purchase agreement to sell its marketing and sales operation in India – Adcock Ingram Healthcare – to private equity firm Samara Capital Partners Fund...
Roadblocks to banking amalgamations in India
The cut-throat competition in India’s banking industry, together with the cocktail of systemic difficulties that the industry faces, present stiff challenges to stabilized and sustained growth. The issues being faced by the banking industry...
The India Diaries
India Business Law Journal indulges in a little festive fun and asks 15 foreign lawyers to reveal what they love and and don’t love about India and to recount their most memorable experiences in the country
By Vandana Chatlani
India’s legal...
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Globetrotting
Intrepid Indian law firms are setting up offices overseas. What are the practicalities, perks and perils of such ventures? Vandana Chatlani investigates
As Indian businesses become more global in their outlook and operations, forward-looking Indian law...
Slogans/taglines: Sure shot way to advertising success?
In today’s competitive world, companies continuously try to come up with unique advertisements to promote and create awareness of their goods and services. Advertising in India, a country with so much diversity, is particularly...
A triumph of price over quality?
How the government selects law firms for infrastructure Projects. By Vandana Chatlani
The Indian government is often described by infrastructure lawyers as a poor paymaster. In line with its lowest bidder wins (L1) policy, it tends...
Altacit Global opens in Cochin
Boutique law firm Altacit Global has celebrated its 12th anniversary with an office opening in Cochin. This is the firm’s fifth office after Chennai, Bangalore, Coimbatore and Hyderabad, marking its presence in all the...
Riding the boom
As Bangalore continues to draw in investors, how has the city’s legal market evolved to keep up with the needs of companies based there? Rebecca Abraham reports from Bangalore
Bangalore has long been recognized as India’s...
