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Discordant Notes in IBC Jurisprudence: The Sanjeev Shriya Case. [Riddhi Joshi] The author is a second-year student at Symbiosis Law School, Pune. The author may be reached at [email protected]. On 6th September, 2017, the Allahabad High Court passed a judgment in the case ofSanjeev Shriya v. SBI, extending the moratorium provided for under section 14 of the Insolvency and Bankruptcy Code, 2016 (“IBC”) to personal guarantors in respect…
[Vishakha Srivastava and Ashutosh Kashyap] The authors are fourth-year students at Chanakya National Law University, Patna. In the case of Macquarie Bank Ltd. v. Shilpi Cable Technologies Ltd., the Supreme Court was confronted with two pertinent questions in relation to the Insolvency and Bankruptcy Code, 2016 (“Code“): firstly, whether, in relation to an operational debt, the provision contained in Section 9(3)(c)[1] of the Code is mandatory; secondly, whether a demand notice of…
Financial Resolution and Deposit Insurance Bill, 2017: An Analysis. [Shajal Sarda] The author is a fourth-year student at National Law Institute University, Bhopal. The Financial Resolution and Deposit Insurance Bill, 2017 (hereinafter referred to as the “Bill“) proposed by the government attempts at providing for a comprehensive law for the resolution and restoration of financial/covered service providers who are classified under certain heads of risk to viability with…
Subsequent Effect of Moratorium: Jeopardising the Rights of an Innocent Litigant. [Kunal Kumar] The author is a fourth-year student at National Law University, Jodhpur. Introduction The Reserve Bank of India (“RBI”) vide notification No. FEMA 20(R)/ 2017-RB dated November 7, 2017 issued the Foreign Exchange Management (Transfer or Issue of Security by a Person Resident outside India) Regulations, 2017 (“FEMA 20”), which supersedes previous regulations namely the Foreign…
Subsequent Effect of Moratorium: Jeopardising the Rights of an Innocent Litigant. [Vishal Hablani] The author is a second-year student at West Bengal National University of Juridical Sciences, Kolkata. He may be reached at [email protected]. On 11th December, 2017, the High Court of Delhi held that moratorium under the Insolvency and Bankruptcy Code, 2016 (“Code”) would not be applicable to proceedings beneficial to the concerned corporate debtor. However, in…
Bail-In Clause in the FRDI Bill: Is the Hysteria Justified? [Ayushi Singh] The author is a third-year student at National Law University, Jodhpur. “I can assure you, my friends, that it is safer to keep your money in a reopened bank than it is to keep it under a mattress.” – Franklin D. Roosevelt (March 12, 1933) The Financial Resolution and Deposit Insurance Bill, 2017, approved by the Cabinet, has been in…
Comparative Analysis of Anti-Profiteering Laws under GST– Lessons for India. [Ayushi Singh] The author is a third-year student at National Law University, Jodhpur. Anti-Profiteering[1] in relation to the new Goods and Services Tax (GST) regime ensures that the consumers reap the benefits of the tax reductions and the input tax credits (ITC) claimed by businesses in the form of reduced prices. The provision has caused a storm of…
Power of National Courts to Injunct Investment Arbitration Proceedings: The Indian Position. [Chandni Ghatak] The author is a fourth-year student of National Law University, Jodhpur. The article has been authored under the guidance of Mr. Kartikey Mahajan, an Associate at Kirkland & Ellis LLP. International arbitration works on a sentiment of non-restraint which domestic courts ought to exhibit in relation to such proceedings. However, parties to international treaties…