We are delighted to bring you all the 41st episode of TCLF One-On-One. We were honoured to host Mr. Akash Jauhari as our guest for this episode. Theme: Insolvency Regime in India: Past, Present and Future In the latest episode of the TCLF One-on-One Series, Mr. Akash Jauhari delves deep into the nuances of insolvency […]
In this post, the author discusses the judicial stance in India regarding the priority of secured creditors’ claims versus government dues in the context of insolvency and bankruptcy cases. In doing so, the author also aims to highlight the importance of the IBC in resolving corporate insolvency issues and ensuring a fair and transparent distribution of assets among stakeholders.
Secured Creditor v. Government Dues: Unravelling the Judicial Stance in India Read More »
In the latest episode of the TCLF One-on-One Series, We were honoured to host Mr. Amir Bavan who talks about Dispute Resolution, the Journey of the IBC and much more.
In this post, the authors aim to analyse the interplay between Insolvency and Cryptocurrency by elucidating the manner in which Insolvency and Bankruptcy Code of 2016 would be applicable in the event companies that possess crypto assets undergo an insolvency process.
Analysis Of The Interplay Between Insolvency And Cryptocurrency Read More »
In the latest episode of TCLF One-on-One, Mr. Tushar Kumar who is a graduate of National Law University, Lucknow and is currently working as an Associate at E&Y,. talks about the issues of Pre-Pack Insolvencies and much more.
TCLF ONE-ON-ONE | Bonus Ep. ft. Mr. Tushar Kumar : Pre-Pack Insolvencies Read More »
In this post, the authors analyze the complications arising in insolvencies in the aviation sector and the interplay of these complications with Indian insolvency law.
Analysing the law on Airline Insolvency in India Read More »
In this post, the author argues that the recent SEBI Procedural Guidelines may undermine the liberty of the businesses’ voting advice and establish formidable barriers to entry for new firms. The author also contends that the broadcast of confidential information (i.e. research methods and techniques) by proxy advisers would destroy their business model.
In this post, the author comments upon the recent landmark decision of the UK Supreme Court in Sevilleja v. Marex Financial Ltd., wherein the Court significantly curbed the scope of the “reflective loss” principle that had been steadily expanding for several decades.
Case Comment: Sevilleja v. Marex Financial Ltd [2020] UKSC 31 Read More »
In this post, the author critically examines the decision of the Hon’ble NCLAT in V. Padmakumar v. Stressed Assets Stabilisation Fund & Anr. The author differs from the majority’s widely debated view holding that the reflection of debt in the balance sheet of the Corporate Debtor does not amount to an acknowledgment under Section 18 of the Limitation Act, 1963, and argues that sole reliance on Section 92 of the Companies Act, 2013 is misplaced and the implication of the balance sheet along with the Directors’ Report and financial statement must be considered holistically.
Reflection of Debt in a Balance Sheet: Acknowledgment or a Statutory Compliance? Read More »
In the latest episode of TCLF ONE-ON-ONE, Abhirup Dasgupta (Partner, HSA Advocates) talks about his journey in the profession, his experience of being a part of the first insolvency petition in India, the major amendments and changes in the insolvency law over the years and the recent Ordinance which has brought about various changes to the IBC in light of the COVID-19 Pandemic.
TCLF ONE-ON-ONE| Ep.8 Mr Abhirup Dasgupta: Understanding Insolvency & Bankruptcy Code Read More »
