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[By Mansi Subramaniam & Sanigdh Budhia] The authors are students at the Gujarat National Law University. Introduction The Indian Pharmaceutical Industry has been transformed greatly in the past few years with the incoming of various companies and brands. It is one of the largest markets in the world, both in terms of volume and value. One of the unique features of the Indian Pharmaceutical Industry is the existence…
[By Gayathri Balasubramanian] The author is a student at the Christ (Deemed to be) University, Bangalore. Introduction: The concept of moratorium is one of the Insolvency and Bankruptcy Code’s (the Code) most fundamental aspects. It is provided for under section 14 of the Code and is considered as a crucial concept which effectively brings to halt any simultaneous proceedings brought against the corporate debtor during the corporate insolvency…
[By Vaishnavi Patel & Himangini Mishra] The authors are students at the Gujarat National Law University, Gandhinagar. Introduction On 18th January 2022, the Supreme Court in its landmark judgment, Bank of Baroda and Anr. v. MBL infrastructures Limited clarified the scope of ineligibility of a personal guarantor as a Resolution Applicant (“RA”) under section 29A(h) of the Insolvency and Bankruptcy Code, 2016 (“Code”) . The court held that guarantee…
[By Aditi Sheth] The author is a student at the National Law School of India University. This paper argues that courts must not overrule the explicit intention of parties on the binding value of their term sheet by finding intention in the performance/non-performance of the conditions precedent (“CPs”) clause. It borrows from law and economics jurisprudence to support this claim. Introduction Commercially sophisticated parties enter into term sheets…
[By Medha Nagpal & Anushka Agarwal] The authors are students at the Jindal Global Law School. The quest to privatize Air India has come to an end with its takeover by Talace Private Limited, a wholly owned subsidiary of Tata Sons (“Talace”) after years of unsuccessful attempts. The third and final attempt to disinvest the national carrier airline was completed with the sale of 100% equity shares of…
[By Anushka Juneja] The author is a student at the Gujarat National Law University. The Indian economy has long been sitting on a ticking time bomb which is the mountain of bad loans held by its banks. The rapidly increasing non-performing assets pose a systematic risk to the banking system which consequently affects the economy as a whole. Several steps including the enforcement of the Insolvency And Bankruptcy Code,…
[By Tanish Arora] The author is a student at West Bengal National University of Juridical Sciences, Kolkata. Introduction The case is centred around the conversion of a Public Limited Company to a Private Limited Company and has been filed before the National Company Law Tribunal, Allahabad under Section 14(1) of the Companies Act, 2013.[1] The court has considered the question of what prerequisites must be present for such…
[By Gayathri Balasubramanian] The author is a student at the Christ (Deemed to be) University, Bangalore. Introduction: The concept of the moratorium is one of the Insolvency and Bankruptcy Code’s (the Code) most fundamental aspects. It is provided for under section 14 of the Code and is considered as a crucial concept that effectively brings to halt any simultaneous proceedings brought against the corporate debtor during the corporate…