The divergent fate of Byju’s-Aakash and BPSL indicate the increasing complexities of corporate restructuring in India, where the inflexible requirements of statutory compliance frequently come into conflict with the exigencies of business rescue.

In this article, the author identifies two major challenges revealed by the impugned judgments: lack of a statutory time limit to implement resolution plans and imprecise role of monitoring committees in ensuring implementation of resolution plans.

A regulatory shift is needed. ‘Super-priority utility claims’ would introduce vital services protection, and balance would be maintained through a tiered debt resolution system. A non-retroactivity clause can protect resolution applicants from post settlement litigation. Moreover, a strategically funded PCLF would guard against unforeseen claims and improve CIRP performance.

The tribunal’s stance to reject Philips’ application for capital reduction reflects a restrictive and flawed interpretation of the law.

This post examines the requirement of being a ‘member’ to maintain oppression and mismanagement petitions.

The selective applicability of the provisions of Section 14 to only domestic-seated arbitrations results in several complexities.

NCLT must evolve to address the complexities of family-owned businesses, recognizing the impact of family dynamics on corporate governance.

Arbitration can be initiated while dealing with shareholder disputes if it is found that the origin of the dispute lies in the agreement.

This post outlines the real estate sector’s importance and elucidates the concept of project-wise corporate insolvency resolution process.

The pre-emptive clause in the AOA plays a pivotal role in the management of the company and an omission of the same amounts to O&M.

There is need for balance to be struck between commercial wisdom and ensuring fair and equitable treatment of all stakeholders.

It is important that the law laid down in the case of Hari Babu Thota be reviewed.

The recent Supreme Court judgment has brought forth a crucial clarification regarding the limitation for filing appeals under Section 61.

The exploration of CCDs in insolvency cases shows a complex scenario where debt and equity distinctions are blurred.

Hybrid securities, by virtue of having the best of both the worlds of debt and equity, are a highly desirable instrument.

The legal stance taken by NCLAT ensures that the remedy of compensation granted by RERA remains a robust and effective tool for homebuyers.

This article seeks to analyze the rationale and implications of the change to the aviation sector through the lens of the IBC.

A court of law that cannot ensure compliance to its orders is a mere courthouse of brick and mortar.

Not only did the NCLT decision disallow the repossession of aircraft by the lessor, but it also projected India as a risky jurisdiction.

The article demonstrates that a foreign arbitral award can be enforced by a financial creditor in India under Section 7 of the IBC.

The recognition of consent terms under the IBC represents a significant development in the Indian insolvency regime.

This article aims to elucidate the provisions pertaining to reverse CIRP under the IBC.