Introduction The Insolvency and Bankruptcy Code, 2016 (“IBC”) has been a landmark legislation for systematic corporate debt restructuring in Ind...
Unpaid license fees – An ‘operational debt’ under the Insolvency & Bankruptcy Code 2016
Introduction In a move to accord relief to Licensors with outstanding license fee payments, the National Company Law Appellate Tribunal (“NCLAT”) ...
Non-executive Directors not liable under S.138 r/w 141 of the NI Act unless involved in day-to-day affairs of the company
INTRODUCTION: In a recent judgment passed on July 1st, 2022 by Justice P.D. Naik in the case of Satvinder Jeet Singh Sodhi & Anr. v. State of Maha...
Maintainability of applications under Section 95 of The Insolvency and Bankruptcy Code, 2016 in the absence of pending CIRP of the Corporate Debtor
I. Introduction Proceedings against personal guarantors find their origin in Section 128 of the Contract Act, 1872 which deals with the co-extensive l...
Empowering the Guarantor under the IBC
INTRODUCTION: In a recent judgment passed on 27th June 2022 in the case of Orbit Towers Pvt. Ltd. v. Sampurna Suppliers Pvt. Ltd., (hereinafte...
Understanding CERT-In’s new cybersecurity norms
(Mallika Noorani & Anushka Chaturvedi) In the previous few months, there have been instances of countless data breaches. As a result of these brea...
Group of Companies Doctrine in Arbitration Law – The Supreme Court of India refers the Group of Companies Doctrine to a Larger Bench to re-examine the intricacies of the doctrine.
I. Introduction The Hon’ble Supreme Court of India (“Apex Court”) in the case of Cox and Kings Limited v. SAP India Private Limited & Anr....