[Deergha Meena is a fourth-year student at NALSAR University of Law, Hyderabad] In 2024, SEBI mandated FPIs that managed equity assets in India exceeding ₹25,000 crore to provide granular-level disclosures on their beneficial owners. In a recent circular, SEBI increased this threshold to ₹50,000 crore, reducing the number of FPIs required to disclose beneficial ownership details...
Who Gets the Gains? The IBC Tug-Of-War over Fraudulent Transaction Recoveries under Section 66
[Harsh Bansal is a 4th year B.A., LL.B. (Hons.) student at Rajiv Gandhi National University of Law] On 1 April 2025, the Supreme Court (SC) in Piramal Capital & Housing Finance Ltd. v. 63 Moons Technologies Ltd.(PCHFL), albeit as an ancillary issue, answered the question of who benefits from recoveries in fraudulent or wrongful trading transactions under the Insolvency and...
Recalibrating Compliance: Legal Implications of SEBI’s Revised Listing Regulations for HVDLEs
[Aparna Ravi and Kinnari Sanghvi are Partners and Manan Sheth an Associate at S&R Associates, Advocates] The Securities and Exchange Board of India (Listing Obligations and Disclosure Requirements) Regulations, 2015 (“Listing Regulations”) provide for the various compliance actions and reporting requirements for entities who have listed equity shares or...
Impleading Subsequent Transferees to Arbitrations
[Anushka Kanabar is a third-year student at the National Law School of India University, Bangalore] The conception of parties “claiming through or under” parties to an arbitration agreement has undergone a significant evolution since the Supreme Court judgement in Cox and Kings v. SAP India. Appearing in sections 8, 35, 45, 54, and 73 of the Arbitration and Conciliation Act, 1996 (“the...
“Prior” CCI Approval of Resolution Plans: A Case for Legislative Amendment
[Rajat Sethi is a Partner and Akanksha Agrahari an Associate at S&R Associates] The recent judgement of the Supreme Court in Independent Sugar Corporation Ltd. v. Girish Sriram Juneja has reignited the debate in respect of the timing for approval of the Competition Commission of India (“CCI”) for resolution plans under the Insolvency and Bankruptcy...
PWD’s Recent Notification : A Setback for Arbitration Reform in India?
[Anvita Sharma is a penultimate year student at Jindal Global Law School] As the cornerstone of resolving complex infrastructure disputes globally, arbitration is valued for its efficiency, confidentiality and enforceability. Against this backdrop, on 21 April 2025, the Public Works Department (‘PWD’) of Delhi issued a notification removing arbitration as a dispute...
Unity in Distress: Intra-Class Distinctions Among Homebuyers in Real Estate Insolvency
[Anushka Aggarwal is a third-year B.A. LL.B. (Hons.) student at the National Law School of India University, Bengaluru] The 2018 amendment to the Insolvency and Bankruptcy Code, 2016 (‘IBC’) marked a significant evolution, granting the status of financial creditors to homebuyers. As real estate insolvency cases continue to burden the courts, the question of whether homebuyers...
Skoda’s Customs Dispute: Examining Indian Jurisprudence on Automobile Import Classification
[Parv Jain is a 4th-year B.A., LL.B. (Hons.) student at the Institute of Law, Nirma University, Ahmedabad] Late last year, Skoda Auto Volkswagen India Private Limited (‘Skoda’) received the largest tax demand ever issued to an automaker in India, amounting to $1.4 billion. The demand challenges the classification of imported parts at its Aurangabad factory. According to the...
Goldman Sachs Order: A CCI Precedent Reshaping the PE Investment Landscape
[Shriyansh Singhal is a 2nd Year B.B.A., LL.B (Hons.) Student at National Law University Odisha and Lavanya Chetwani is a 3rd Year B.B.A, LL.B (Hons.) Student at National Law University Odisha] In recent years, regulatory developments in the realm of competition law in India have increasingly focused on scrutinising of Private Equity (‘PE’) investments, particularly...
Mediation under the IBC Framework: A Pragmatic Shift or Premature Experimentation?
[Shashyak Roy is a 1st year student and Arima Kaushal a 3rd year student at West Bengal National University of Juridical Sciences, Kolkata] In November 2024, the Insolvency and Bankruptcy Board of India (IBBI) released a discussion paper proposing the introduction of a voluntary pre-institution mediation mechanism for operational...
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