[Announcement on behalf of Gujarat National Law University (GNLU)] The commercial dialogue among business entities is incomplete without financial communications. The role of law, specifically the financial market (laws and regulations), is significant to regulate the financial activities of the business entities in the financial market. Since 1991, with the liberalized economic policy (Indian...
Applicability of Triangular Set-off in the Indian Insolvency Regime
[Ankit Singh Rajput and Pragati Yadav are fourth-year law students at Faculty of Law, Jamia Millia Islamia, New Delhi] Triangular set-off occurs when A owes a debt to B, B owes a debt to C and C owes a debt to A. In the triangular set-off, A attempts to set off the amount it owes to B against the amount that C owes to A. The validity of triangular set-off in the bankruptcy context, as...
Assessing the Recently Reinterpreted Period of Limitation under Section 61 of the IBC
[Raghav Sengupta is pursuing the B.A., LL. B (Hons.) course at Jindal Global Law School] In its recent decision in V. Nagarajan v. SKS Ispat and Power Ltd. (22 October 2021), the Supreme Court of India has ruled that the period of limitation to file an appeal against an order under section 61 of the Insolvency and Bankruptcy Code (“IBC”) would commence from the time of the decision’s...
NCLAT’s Power of Modifying Schemes under Companies Act and NCLAT Rules
[Shauree Gaikwad is a 5th year student and Rishi Raj a 3rd year student at Maharashtra National Law University, Aurangabad] In the recent judgement of Rama Investment Company Private Limited v. Ankit Mittal, the National Company Law Appellate Tribunal (“NCLAT”) clarified the position of rule 11 of the NCLAT Rules, 2016 (“NCLAT Rules”) and stated that the appellate tribunal cannot exercise its...
A Plan Carved in Stone? Effect of CoC Approval in Corporate Insolvency
[Gaurav Chaliya and Krishan Singhal are final year students at National Law University, Jodhpur.] The Supreme Court has in Ebix Singapore Private Ltd. v. Committee of Creditors of Educomp Solutions Ltd. finally put to rest the variegated stances concerning the withdrawal of a resolution plan under the Insolvency and Bankruptcy Code, 2016 (the “Code”). In unequivocal terms, the Court ruled that an...
Analysing the Taxation Laws (Amendment) Act, 2021
[Arya Mittal is a 3rd year B.A., LL.B. (Hons.) student at Hidayatullah National Law University, Raipur. The author would like to thank Dr. Anindhya Tiwari for his valuable inputs in the article.] The Taxation Laws (Amendment) Act, 2021 recently received the President’s assent. The amendment came nearly nine years after some provisions were introduced in taxation laws that retrospectively taxed...
Scrutinizing the “Inefficacious Remedy” in Arbitration Proceedings
[Raushan Kumar is a 3rd year B.A. LL.B. (Hons.) student at Damodaram Sanjivayya National Law University, Visakhapatnam.] Prior to the 2015 amendment to the Arbitration and Conciliation Act, 1996, parties were at liberty to approach courts to seek interim relief at any time before the commencement of the arbitration proceedings, during the arbitration proceedings, or at any time after making of...
Indian Insolvency Law and Pre-Pack Insolvency Resolution Process: An Analysis: Part 2
[Krrishan Singhania is the Managing Partner at K. Singhania & Co. Srishti Singhania is a Senior Associate at K. Singhania & Co. and Ashuthosh V (trainee) is a IV-year law student at Nirma University. Part 1 of this post is available here] Comparative Analysis The concept of pre-packaged insolvency resolution mechanism is not a new one as it is a huge success in other jurisdictions like...
Indian Insolvency Law and Pre-Pack Insolvency Resolution Process: An Analysis: Part 1
[Krrishan Singhania is the Managing Partner at K. Singhania & Co. Srishti Singhania is a Senior Associate at K. Singhania & Co. and Ashuthosh V (trainee) is a IV-year law student at Nirma University.] The Pre-Packaged Insolvency Resolution Process (“PPIRP”) was introduced in India vide the Insolvency and Bankruptcy (Amendment) Ordinance 2021 that was promulgated on 5 April 2021, through...
Call for Submissions for the Special Issue of NLS Business Law Review
[Announcement on behalf of the NLS Business Law Review] The Board of Editors of the National Law School Business Law Review is pleased to invite original and unpublished manuscripts for the Special Issue of the NLS Business Law Review. About the Institution The National Law School of India University is an institution of legal education focusing on legal and policy education in India at the...
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