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NCLAT’s Ruling on Exclusion of Lease and Rental Operational Debt

[Chetan Saxena is a 4th-year student from the Institute of Law, Nirma University, Ahmedabad] The National Company Law Appellate Tribunal (NCLAT) in Ravindranath Reddy v. G. Kishan (17 January 2020) held that rental dues arising out of a lease agreement do not fall under the definition of “operational debt” under section 5(21) of the Insolvency and Bankruptcy Code, 2016 (IBC). The determination of...

SEBI Guidelines for Rights Issue of REIT Units

[Rongeet Poddar is a 5th year student at the West Bengal National University of Juridical Sciences] Real Estate Investment Trusts (REIT) can be defined as entities that own properties in the real estate sector and finance their development. Structurally, a REIT is identical to an ordinary trust. The real estate properties are owned by the REIT. Companies or limited liability partnerships (LLPs)...

The Limits of Comity: Refusal to Recognise Foreign Insolvency Proceedings

[Aditi Mozika is a IV year B.Sc. LL.B. (Hons.) student at Gujarat National Law University] The recent decision of the National Company Law Appellate Tribunal (NCLAT) in the Jet Airways case has ushered in the era of cross border insolvency in India.[1] Accordingly, the Resolution Professional and the Dutch Trustee – the administrator in bankruptcy of Jet Airways appointed by the Dutch...

Reinforcing the Corporate Governance Framework on Director Competence

[Tushar Oberoy and Rishabh Sharma are 4th year BA.LL.B. (Hons.) students at NALSAR University of Law, Hyderabad] A director of a company has manifold duties and responsibilities that include ensuring that the interests of all shareholders are protected and that healthy management practices are put in place. For effective fulfillment of these responsibilities, a competent director becomes an...

Call for Papers: NLIU Journal of Business Laws

[Announcement on behalf of the Centre for Business and Commercial Laws, National Law University, Bhopal] The Centre for Business and Commercial Laws (CBCL) has, since its establishment, produced rich research output contributing to the legal discourse in the country, and with the Journal of Business Laws, we hope to continue the same spirit in the field of business and commercial laws. The NLIU...

CCI’s E-commerce Report: A Cross-Jurisdictional Analysis

[Nidhisha Garg is a 4th-year B.A.LL.B (Hons.) student at the National Law Institute University Bhopal] On 8 January, 2020, the Competition Commission of India (CCI) released its report on e-commerce. The report is a result of an e-commerce market study carried out by the CCI starting April 2019, as a response to complaints by the Confederation of All-India Traders (CAIT) and National Restaurants...

Applicability of the Limitation Act to the Insolvency and Bankruptcy Code

[Vivek Kumar is a Legal Manager at Alchemist Asset Reconstruction Company Limited and Akshay Sharma a 5th year law student at the National University for Study and Research of Law, Ranchi] The applicability of the Limitation Act, 1963 has been a well-traversed issue since the inception of the Insolvency and Bankruptcy Code, 2016 (IBC). The IBC was introduced as a complete code, with the object of...

CCI’s Report on E-commerce in India: A Magna Carta for Future Anti-Trust Investigations

[Jubair Bhati is a corporate lawyer and Mayank Sen is a 5th year BBA LLB (Hons) student at the School of Law, Raffles University, Neemrana (Rajasthan)] The Competition Commission of India (“CCI”) earlier this month published a report concluding its market study on the growing relevance of e-commerce in India. This report provides for various considerations that the stakeholders of e-commerce take...

Continued Uncertainties in the CSR Regime

[Roshni Menon is a an Associate at Samvad Partners, Bangalore] On July 31, 2019, the Parliament passed several amendments to the Companies Act, 2013 .The amendments were brought in to reduce cumbersome compliance, rationalise penalties, and crack the whip on shell companies. They also introduced several revisions to the existing outline of corporate social responsibility (CSR) by inserting penal...

Liability of Personal Guarantors vis a vis their Rights under the IBC: A Legal Conundrum

[Pinak Parikh is an Associate at Singhi & Co, Ahmedabad, and is a B.A L.L.B (Corp Hons) graduate (2019) from the Institute of Law, Nirma University] In December 2019, ArcelorMittal India Private Limited (“AMIPL”) paid over Rs. 42,000 crores to the State Bank of India to complete the acquisition of Essar Steel India Private Limited (“Essar Steel”), in what has been one of the biggest...

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