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MCA’s Latest Move – Inconsistency with the Insolvency and Bankruptcy Code, 2016

December 7, 2023

[By Uravi Pania] The author is a student of National Law School Of India University, Bengaluru   Introduction In May 2023, the National Company Law Tribunal (hereinafter the ‘NCLT’) admitted Go First’s insolvency plea with regards to default of around Rs. 2660 crores to its aircraft lessors and of Rs. 1202 crores to its vendors. The National Company Law Appellate Tribunal (hereinafter the ‘NCLAT’), on an appeal contending…

Analysis of SEBI’s Consultation Paper on Review Voluntary Delisting Norms

December 7, 2023

[By Aryan Dama] The author is a student of Maharashtra National Law University, Mumbai. Introduction – The Process and The History In August 2023, the Securities and Exchange Board of India (‘SEBI’) floated a consultation paper to review voluntary delisting norms under the SEBI (Delisting of Equity Shares) Regulations, 2021 (the ‘Regulations’). Under the Regulations, to delist a company, the acquirer must provide an exit opportunity to all…

Android Antitrust Case: Diving into Effect-Based Approach of CCI

December 7, 2023

[By Aryan Rawat] The author is a student of National Law University Odisha.   Introduction At the outset, the competition watchdog of India has booked Google, the creator of Android operating system for a barrage of anti-competitive restraints and abuse of dominant market mechanisms in the licensable mobile operating systems. As its zenith, Google has dominance in India with a monopoly of 99.74% share in the web search…

Navigating Insolvency Challenges: Insights from UK’s Legal Approach

December 7, 2023

[By Philip John] The author is a student of the National University of Advanced Legal Studies, Kochi   Introduction The evaluation of the Insolvency and Bankruptcy Code (IBC) in India necessitates an insightful comparative analysis with insolvency laws in international jurisdictions. This article places a magnifying glass on the United Kingdom’s (UK) Insolvency Act of 1986, a legislation in the realm of insolvency, and juxtaposes it with India’s…

A Step Forward to List Equity on Foreign Exchanges

December 7, 2023

[By Vanshika Singh] The author is a student of Jindal Global Law School.   Introduction Ministry of Finance and Ministry of Corporate Affairs have been in the news lately as the discussion on listing of Indian equity on foreign stock exchanges is gaining traction. They have announced that the much-awaited framework for direct listing of Indian companies abroad could be introduced later this financial year. It is notably…

Comparative Analysis: Investment Opportunities with India’s MSM REITs Regulatory Framework

December 7, 2023

[By Dhrutvi Modi & Harshit Chauhan] The authors are students of Gujarat National Law University. INTRODUCTION In recent years, the Indian real estate market has grown significantly, with Real Estate Investment Trusts (REITs) playing a crucial role in attracting investments. Introduced in India in 2014 to enable small investors to access the real estate market, the market has been primarily dominated by large-scale REITs due to high investment…

The Concerns around the New Settlement and Commitment Provisions under the Competition (Amendment) Act, 2003

December 7, 2023

[By Akul Mishra] The author is a student of Jindal Global Law School. Introduction: The Competition (Amendment) Act, of 2023 introduced several amendments to its parent statute which was in force since 2002. However, the amendments ignore a specific red flag when it comes to ensuring accountability in the remedial actions taken by companies who may have violated Chapter II of the Act after being served a notice…

Aviation Industry’s Exclusion from Moratorium: A Catalyst for Change?

December 7, 2023

[By Rupakshi Sharma] The author is a student of Symbiosis Law School, Pune   Introduction: The present article analyses the exclusion of the Aviation Industry from imposition of Moratorium under S.14 of IBC,2016 w.r.t MCA Notification dt. 03.10.2023. It highlights the plausible advantages of this catalytic move while laying due emphasis on the enactment of CTC Bill, 2022 in light of the GoAir Fiasco.  I. Moratorium under S. 14 of IBC,…

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