[Mihir Vashishtha is a final year B.A., LL.B. (Hons.) student at National University of Study and Research in Law, Ranchi] With the rise of digitization in the capital market, there has been a notable surge in interaction between retail investors and the market, leading to increased investment activity. In turn, this increased digitization has incentivized market players to develop investment...
Distribution of Profits Accrued During CIRP: An Equitable Approach Towards Settlement of Claims
[Karthika S. Babu is a third-year B.A. LL.B. Student at Gujarat National Law University] The Insolvency and Bankruptcy Code, 2016 (“Code”) provides for a specialized mechanism, i.e., the corporate insolvency resolution process (“CIRP”) for the resolution of insolvency of financially distressed entities. The CIRP aims to mitigate the claims of the affected creditors against the distressed...
Navigating the Twilight Zone Conundrum: A Cautionary Tale for Restructured Preference Shareholders
[Snigdha and Subhasish Pamegam are 3rd year B.A., LL.B. students at Gujarat National Law University, Gandhinagar] The practice of companies issuing restructured preference shares (RPS) in exchange for operational debt during the ‘twilight zone’, a period wherein a company is susceptible to becoming insolvent, is now seen as a controversial strategy. The order of the National Company Law Tribunal...
Regulating Big Tech: India Joins the Club
[Vikas Kathuria is the Director of the ASCOLA-India Chapter and Professor at the School of Law, BML Munjal University, India. He is also an editor of the IndiaCorpLaw Blog] India is all set to join the growing number of countries that have crafted level-playing rules for Big Tech firms. The Committee on Digital Competition Law (CDCL), which was constituted by the Ministry of Corporate Affairs to...
Banking on Banks for Natural Justice
In a judgement pronounced earlier this month, the Bombay High Court re-emphasized the requirements of natural justice to be followed by banks when designating a borrower who has defaulted on debt as a ‘willful defaulter’. This judgement is in line with the jurisprudence laid down by the Supreme Court and multiple High Courts on banks declaring borrowers as ‘willful’ defaulters in exercise of the...
Calcutta High Court on Jurisdiction in Shareholder Disputes under Companies Act: An Aberration?
[Abhijnan Jha is a Partner and Urvashi Misra a Senior Associate at AZB & Partners, New Delhi] It is trite law that where a statute prescribes something to be done in a particular manner, then it ought to be done in that manner alone and not in any other manner. This is a well-recognized position, with courts having the duty to filter out any misguided attempts by litigants to bypass statutory...
Holding-Subsidiary Relationship: The Legal & Regulatory Architecture
[Bharat Vasani is Senior Advisor – Corporate Laws and Miloni Mau an Associate in the General Corporate Practice, both at the Mumbai office of Cyril Amarchand Mangaldas. An earlier version of this post was published on the Cyril Amarchand Mangaldas Blog] As their businesses grow, companies operate through their subsidiaries for various reasons such as flexibility in operation of different units...
Reining in Big-Tech Ex-Ante : The Indian Edition
[Manjushree RM (Senior Resident Fellow), Meha Chandra (Project Fellow), Anuradha Bhattacharya (Project Fellow), Vallari Dronamraju (Research Fellow) and Urvi Pathak (Research Fellow) are with Vidhi Centre for Legal Policy, and were engaged by the Ministry of Corporate Affairs in preparing the CDCL Report] On 12 March 2024, the Committee on Digital Competition Law (‘CDCL/ Committee’) presented its...
Recall of Approved Plan: Reconsideration of Judgment?
[Aditya Vaid is a third-year law student at Jindal Global Law School, Sonipat and Hrishikesh Goswami is a third-year law student at the Gujarat National Law University, Gandhinagar] The corporate insolvency resolution process (‘CIRP’) is a recovery mechanism through which the creditors of a corporate debtor may seek to rehabilitate the company with a view to recovering their debt. The CIRP aims...
Venture Capital’s Tryst with Tax: Revisiting the Debate on Carry
[Bhaskar Vishwajeet and Abhinav Shankarraman are final year law students at Jindal Global Law School] The Karnataka High Court recently overruled a Customs, Excise, Service Tax Appellate Tribunal (“CESTAT”) order (page 4) on the service tax status of venture capital trusts (“VCTs”), declaring that service tax is not applicable to VCTs as they are pass-through structures. The authors argue that...
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