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[By Ishita Soni and Sanjana Karnavat] The authors are third year students of Symbiosis Law School, Pune. Introduction The Insolvency and Bankruptcy Code, 2016 (“the Code”) consolidates India’s insolvency laws under one comprehensive scheme to ensure value maximization of an insolvent debtors’ assets for the benefit of all stakeholders.[i] The Code classifies all creditors as either financial creditors or operational creditors based on the kind of debt Corporate Debtor…
[By Prasad Hegde] The author is a fourth year student of Gujarat National Law University. Background On 13 January 2020, the Competition Commission of India (“CCI”) passed directions to carry out investigations into alleged violation of Section 3 and 4 of the Competition Act, 2002 (“the Act”) by ‘Flipkart Internet Pvt. Ltd.’ and ‘Amazon Seller Services Pvt. Ltd.’ (“Opposite Parties” or “OPs”). The information was filed by Delhi…
[By Srishti Suresh] The author is a third year student of NALSAR, Hyderabad. Introduction The outbreak of COVID-19 has disrupted markets and economies over the world. India too, is facing its fair share of disruption and apprehension, owing to the uncertainty that surrounds the pandemic. Businesses and large scale enterprises facing significant losses due to reduced revenues, might seek to palliate the commercial damage caused, by resorting to…
[By Arjun Sahni and Moksh Roy] The authors are third year students of Symbiosis Law School, Noida. Introduction The regime and system of international arbitration, including the procedure, applicable laws, inter alia, are ever changing. One such issue pertains to the element of arbitrability, that is, whether a particular subject matter is capable of being referred to arbitration or not. This problem arises even when there is an…
[Guest Post by Gaurav Pingle] The author is a practicing Company Secretary and runs his own CS firm, Gaurav Pingle & Associates, Pune. Background Section 23 of the Companies Act, 2013 (“the Act”) relates to ‘public offer and private placement’. According to the said provision, a public company may issue securities to public through prospectus (i.e. Initial Public Offer/Further Public Offer) or through private placement[i] or through rights…
[By Urmil Shah] The author is a third year student of Auro University, Surat. Introduction The Ministry of Corporate Affairs on 24 March, 2020 raised the minimum threshold requirement for initiating a Corporate Insolvency Resolution Process (“CIRP”) under Section 4 of the Insolvency Bankruptcy Code (“IBC” or “the Code”) from existing Rs. 1 lakh to Rs. 1 crore by way of Notification S.O. 1205(E) as measure for combating…
[By Tanuj Agarwal] The author is a third year student of Institute of Law, Nirma University, Ahmedabad. Introduction Covid-19 pandemic has raised serious apprehensions surrounding health and safety causing a lockdown in India. The pandemic has caused a worldwide recession and has spooked investors’ sentiment. Prior to the coronavirus outbreak, Indian stock market was in full positive swing as Sensex and Nifty had reached their all-time intraday peak…
[By Shubham Jain] The author is a fourth year student of National Law University, Jodhpur. Introduction The issue of privacy and data protection was thrown into the limelight after the Justice K.S. Puttaswamy Judgement which recognized the right to privacy as a fundamental right enshrined under Article 21 of the Indian Constitution.[i] Instances like the AADHAR data leak,[ii] Cambridge Analytica and Facebook data breach;[iii] etc. raised concerns about…