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Anush Raajan Swastika Chakravarti Lakshmikumaran & Sridharan Insolvency and Bankruptcy code india

Disputed claims are not defaults under IBC

By Anush Raajan and Swastika Chakravarti, Lakshmikumaran & Sridharan
Under section 7 of the Insolvency and Bankruptcy Code, 2016 (IBC), the National Company Law Tribunal (NCLT) in admitting a petition by a financial creditor is concerned only with the existence of a default...
indian manufacturing lawyer

Expanding Indian manufacturing in EU, US

By Gautam Khurana, India Law Offices
Exponential growth in the manufacturing sector that had been promised for more than a decade may soon be achieved. Post-1991 reforms that liberalized the economy led to substantial but gradual growth. The current government...

Left without remedy

Creditors are in need of a credible mechanism for the resolution of covid-19-related distress until the suspension of the corporate insolvency resolution process is in place, writes Shardul Shroff Effective from 5 June 2020, section...

The power of persuasion

A critical part of a lawyer’s job is being a good negotiator. It requires people skills, well-ordered priorities and a positive approach to doing business, writes Ritika Sharma. A single negotiation can make or...

IndusLaw hires expert to set up tax practice

Ritesh Kumar Talreja has joined IndusLaw to set up and lead the firm’s direct taxes practice group in Bengaluru. He joins from Ernst & Young, where he was a director at its Bengaluru branch. Talreja...
India chapter

Women’s legal coalition launches India chapter

The Women’s White Collar Defence Association (WWCDA), a coalition of women lawyers specializing in white-collar criminal practice, launched its India chapter on 2 June.“Gender diversity and white-collar crime practice are both very close to...

Clarifying cloudy status of public, private subsidiaries

Under the Companies Act 1956, section 43A provided conditions where a private company was “deemed” to be a public company. The term “deemed” implies that a private company is treated as a public company...

E-courts to aid Japanese companies with disputes

By Manish Dembla and Pradyuman Singh Sewar, Kochhar & Co
Justice in India has long been delayed. There are about 4.85 million cases pending in 25 high courts and approximately 36.64 million cases pending before 3,235 district and taluka courts.In Meters and Instruments...
Post covid-19

Facilitating exits in a post-covid-19 world

By Nivedita Tiwari and Nandini Seth, Shardul Amarchand Mangaldas & Co
The economic reforms of 1991 gave India a high growth trajectory making it the fifth largest economy in the world. While complete capital account convertibility is still not permitted, significant steps have been taken...
smart contracts

What’s blocking the chain?

Blockchain can be a disruptive technology for the administration of smart contracts in the financial sector if some regulatory hurdles are cleared, writes Sanmit Seth Earlier this year, the National Payment Corporation of India, with...

Standing down the guard and increasing FDI in defence

By Damini Bhalla and Akshay Jain, L&L Partners
In one of most significant moves in modern times concerning the defence sector, the finance minister recently announced that the foreign direct investment (FDI) limit in the defence sector under the automatic route would...

Fighting piracy: A usual day at work for software giants

By Manisha Singh and Simran Bhullar, LexOrbis
Software products now serve a global audience across many industries. Organizations have been shifting from paper to digital. This increased dependency and demand has had favourable and unfavourable consequences for software developers. Purchase of...
intellectual property

Creative synergy

Intellectual property and R&D teams need to work closer in order to better monetize IP for companies, writes Mythri Kota High-quality protection of intellectual property (IP) is a crucial factor for companies to succeed in...

Keeping competitors at bay

Parties must take care not to have unreasonable or one-sided non-compete clauses in agreements, as these can be rendered ineffective by the courts, writes Kunal Mehta It is well-settled law that a non-compete obligation in...

Existential wobbles

Recovering confidence is key Economies and people across the globe continue in some chaos thanks to a virus that has been replicating itself within humans for at least the past six months. This is not...

Awkward regulatory tango over COVID-19 relief

By Sawant Singh and Aditya Bhargava, Phoenix Legal
The COVID-19 pandemic and its dampening effects on economies has compelled governments and regulators to introduce innovative measures, in particular to restore stakeholder confidence in financial markets. Among Indian regulators, the Reserve Bank of...

Electricity Bill lights path but sparks controversy

By Abhishek Tripathi and Narayan Gupta, Sarthak Advocates & Solicitors
In the fourth segment of the Atma Nirbhar Bharat (Self-reliant India Mission) economic package, the finance minister announced several measures affecting the power sector. Many policy reforms are contained in the proposed Electricity (Amendment)...

COVID-19 moratorium package: An RBI safe haven

By Nishtha Arora and Anjuli Hora, SNG & Partners
The relentless and rapid spread of COVID-19 during the last quarter has severely impacted economies the world over, including that of India. The Reserve Bank of India (RBI), has recognized the challenge faced by...
real estate

Foreign entities acquiring real estate in India

By Alok Tewari and Simrat Grover, Kochhar & Co
Every non-Indian entity (foreign entity) setting up operations inevitably becomes involved in the acquisition of real estate whether by lease, licence or sale. While Japanese entrepreneurs have long been doing business in India, their...

New corporate partner for Link Legal in Mumbai

Link Legal has hired Vijay Sureka as a partner in the firm’s corporate practice in Mumbai. Sureka joins from Shardul Amarchand Mangaldas, and has experience in working on several joint venture and M&A transactions. He...