Blog Posts
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Initiation of Insolvency Resolution Process on the Strength of a Money Decree
[Raghav Bhatia is an Advocate practising at the Supreme Court of India] Recently, in Anjani Technoplast Ltd. v. Shubh Gautam (23 April 2026), the Supreme Court examined whether a decree holder can initiate proceedings under section 7 of the Insolvency and Bankruptcy Code, 2016 (“IBC”) on the strength of a money decree in their favour. The author is…
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Judicial Veil Piercing in Insolvency Proceedings: More Questions Than Answers – Part 2
[Umakanth Varottil is a Professor of Corporate Law at the National University of Singapore. Thanks to Raghav Bhatia for alerting the author to the Supreme Court ruling that forms the basis for this post. This is continued from Part 1] The circumstances of the case and the ruling of the Supreme Court in Alpha Corp Development Private Limited…
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Judicial Veil Piercing in Insolvency Proceedings: More Questions Than Answers – Part 1
[Umakanth Varottil is a Professor of Corporate Law at the National University of Singapore. Thanks to Raghav Bhatia for alerting the author to the Supreme Court ruling that forms the basis for this post] Corporate groups, evidenced through a network of holding companies and subsidiaries, are commonplace in Indian business. Such a set up invokes significant…
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Unlocking Section 245: A New Chapter in Shareholder Class Actions
[Parth Birla and Runit Rathore are 5th year and 4th year BA.LL.B. students, respectively, at Hidayatullah National Law University, Raipur] Recently, the National Company Law Appellate Tribunal (“NCLAT”) in a much-anticipated appeal by the Jindal Poly Films Ltd (“JPF”) upheld the National Company Law Tribunal’s (“NCLT”) verdict admitting the class action suit by shareholders under section 245 of the Companies Act, 2013 (“the Act”). It marks a significant development…
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Dividends Denied: Why InvIT SPV CashFlows Don’t Flow Up
[Simrat Singh is an assistant manager at Vinod Kothari Consultants Pvt. Ltd.] Real estate investment trusts (REITs) and infrastructure investment trusts (InvITs) are often discussed together as parallel innovations in India’s capital markets, reflecting a push towards deploying capital in real estate and infrastructure. Both frameworks were introduced in 2014, share a trust-based structure and are…
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Barriers to Enforcing a Foreign Judgment in India
[Umakanth Varottil is a Professor of Corporate Law at the National University of Singapore] In contracts documenting cross-border transactions involving an Indian party, it is common for parties to submit to the jurisdiction of a foreign court. However, once a judgment is rendered by such a foreign court, the beneficiary of the judgment faces several procedural…
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Artificial Intelligence in the Indian Corporate Boardroom: Preserving Fiduciary Accountability in an Algorithmic Age
[Mustafa Rajkotwala works on AI, Strategy and Legal Engineering at NYAI. He is a commercial and technology lawyer based in Mumbai, India.] Artificial Intelligence (AI) is no longer confined to operational functions. It is increasingly deployed in Indian corporate boardrooms to assess risk, monitor compliance, process financial data, and shape strategic decision-making, enabling companies to synthesise information…
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One Policy to Rule Them All: CCI’s (Mis)application of Discriminatory Conditions in the Intel Case
[Trushil Vyas is a 3rd year B.A. LL.B. (Hons.) student at the National Law School of India University, Bengaluru.] The Competition Commission of India (CCI), in an order dated 12 February 2026, imposed a penalty of INR 27.38 crore on Intel for violating multiple subsections of section 4 of the Competition Act, 2002. The case concerned Intel’s “India…
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Tiger Global Case: Can the Supreme Court Ensure Predictability in Taxation?
[Samridhi Singh is a student at National Law University, Patna] On January 15, 2026, the Supreme Court of India pronounced its judgment in Authority for Advance Rulings (Income Tax) (“AAR”) v. Tiger Global International II Holdings (“Tiger Global”), creating a further knot in the rope of predictable taxation when it comes to double taxation avoidance treaties (“DTAA”). While…
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Sovereignty Without Foreclosure: Arguing for a Reconciliatory Framework After SBI v. Union of India
[Soumya Dubey is a 3rd year B.A., LL.B. (Hons.) student at National Law University Odisha] Recently, the Supreme Court delivered its judgment in State Bank of India v. Union of India 2026 INSC 153 (13 February 2026) clarifying that spectrum licences allotted to telecom service providers (‘TSPs’) cannot be treated as ‘assets’ within insolvency proceedings. While the judgment…