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  • Article

    Note On Market Linked Debentures

    A Market Linked Debenture ("MLD") is basically a non-convertible debenture with a hybrid nature that couples the features of both plain vanilla debt security and exchange traded derivatives.
    IndiaCorporate/Commercial Law
    Khaitan & Co.
    Khaitan & Co.
  • Article

    Changes For Listed Debt Securities Easier Participation Into Debt Resolutions Of Indian Corporates And Other Amendments

    Whos is the author?
    IndiaFinance and Banking
    ZBA
    ZBA
Article

Enforcement Of Security Interests Against Educational Institutions: Supreme Court Mandates Strict Compliance Under The SARFAESI Act

The Supreme Court of India recently addressed a critical conflict between statutory debt recovery under the SARFAESI Act and the educational welfare of students enrolled in a defaulting institution.
IndiaFinance and Banking
IndiaLaw LLP
IndiaLaw LLP
  • Article

    "Non-Performing Asset (NPA)" – A Real Menace To Banks And Financial Institutions

    In the recent times, the main thrust in the Indian Economy is about the alarming increase in the Non-Performing Assets (NPAs) of Banks.
    IndiaFinance and Banking
    King, Stubb & Kasiva
    King, Stubb & Kasiva
  • Article

    Certainty On Filing And Claims Against Corporate Guarantors Under The Insolvency Code

    In Indian finance market, guarantee or comfort from promoters is a crucial factor for creditors in lending transactions - primarily because promoters of Indian companies have significant say in all decision making and ...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    ZBA
    ZBA
  • Article

    Claim Towards License Fees For Immovable Property Is An ‘Operational Debt': NCLAT Full Bench

    On 05 July 2022, a Full Bench of the National Company Law Appellate Tribunal (NCLAT) in Jaipur Trade Expocentre Private Limited v. M/s Metro Jet Airways Training Private Limited, Company Appeal (AT) (Insolvency) No. 423 of 2021.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Khaitan & Co.
    Khaitan & Co.
  • Article

    Limiting The Limitation: The Curious Case Of Limitation Act And IBC

    The law regime pertaining to insolvency in India has developed over time, resulting in consolidation of laws regarding rehabilitation of the corporate entities and their liquidation.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    CMS INDUSLAW
    CMS INDUSLAW
  • Article

    Recovery Certificate Under Debt Recovery Act Is Not Limited To Winding Up Proceedings Only But Extends To IBC: Clarifies Supreme Court

    Recently, the Hon'ble Supreme Court in the case of Kotak Mahinda Bank Limited vs A. Balakrishnan & another (Civil Appeal No.689 of 2021) has held that any liability arising out of a recovery certificate needs to be treated as financial debt ...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Dentons
    Dentons
  • Article

    Unpaid License Fees - An ‘Operational Debt' Under The Insolvency & Bankruptcy Code 2016

    In a move to accord relief to Licensors with outstanding license fee payments, the National Company Law Appellate Tribunal ("NCLAT") vide order dated 7 th July 2022 ("Order") ...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Parinam Law Associates
    Parinam Law Associates
  • Article

    Untangling Insolvency: Understanding Debt Categorization

    The classification of financial and operational debts within the context of insolvency proceedings presents a complex legal landscape that demands scrutiny and nuanced interpretation.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Khurana & Khurana, Advocates and IP Attorneys
    Khurana & Khurana, Advocates and IP Attorneys
  • Article

    India Needs A New Infrastructure Financing Framework

    Infrastructure projects typically include large capital outlay, higher investment risk, and longer gestation periods.
    IndiaFinance and Banking
    HSA Advocates
    HSA Advocates
  • Article

    NCLAT Full Bench Overturns Previous Judgements- Holds License Fees As ‘Operational Debt' Under IBC

    In a recent full bench judgement, the National Company Law Appellate Tribunal (NCLAT) overturned two of its previous judgements to clarify that claim of a licensor for payment of licence...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Phoenix Legal
    Phoenix Legal
  • Article

    Sale Of Pledged Securities: The Securities And Exchange Board Of India Reiterates Contract Law Safeguards

    On February 5, 2026, the Securities and Exchange Board of India (the “SEBI”) issued a circular to all the depositories titled ‘Creation/Invocation of pledge of securities through depository system’ (the “Circular”).
    IndiaCorporate/Commercial Law
    JSA Advocates & Solicitors
    JSA Advocates & Solicitors
  • Article

    Further Refinements In India's External Commercial Borrowing Regime – Boon Or Bane?

    As we enter into 2019 with some trepidation and given it is an election year in India, many will be glad to see the back of 2018.
    IndiaFinance and Banking
    ZBA
    ZBA
  • Article

    Mandatory Compliance With Rule 9 Of SARFAESI Rules: Supreme Court Quashes Sixteen-Year-Old Auction Sale For Statutory Non-Compliance

    The enforcement of security interests under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act)...
    IndiaFinance and Banking
    IndiaLaw LLP
    IndiaLaw LLP
  • Article

    MCLR – The New Phenomena For Interest Rates!

    The need to regulate interest rates in a manner that the market continues to function in an efficient way was felt decades ago.
    IndiaFinance and Banking
    Juris Corp
    Juris Corp
  • Article

    Mortgage Validity Under Scrutiny: DRAT Chennai Dismisses ICICI Bank’s SARFAESI Appeal Over Defective Title Deed Mortgage

    The Debt Recovery Appellate Tribunal at Chennai, in its judgment dated 27 April 2026, delivered a significant ruling on the evidentiary burden required to establish a valid mortgage by deposit of title deeds...
    IndiaFinance and Banking
    IndiaLaw LLP
    IndiaLaw LLP
  • Article

    RBI's Relaxation For Distress Situations – Relief To The Lending Institutions

    The Reserve Bank of India (RBI) on 17 April 2020 introduced additional regulatory measures to alleviate the impact of COVID-19 pandemic on the Indian economy with a focus primarily on the lending institutions.
    IndiaFinance and Banking
    Khaitan & Co.
    Khaitan & Co.
  • Article

    Supreme Court : A Creditor Won't Be A Financial Creditor Merely On The Strength Of A Pledge Agreement And Deed Of Undertaking As The Corporate Debtor Never Promised To Discharge The Liability Of Borrower

    In Phoenix ARC Pvt. Ltd. v. Ketulbhai Ramubhai Patel , an appeal came up before the Supreme Court under Section 62 of the Insolvency and Bankruptcy Code, 2016 ("Code").
    IndiaFinance and Banking
    VGC Law Firm
    VGC Law Firm
  • Article

    Completion Of CIRP Of Corporate Debtor Does Not Absolve Director's Liability In Cases Filed Under Section 138 Of Negotiable Instruments Act

    The Supreme Court of India in the recent judgment of Ajay Kumar Radheyshyam Goenka v. Tourism Finance Corporation of India Ltd., dismissed the appeals aimed to contest the proceedings filed by the lender under Section 138 ...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Phoenix Legal
    Phoenix Legal
  • Showing 121–140 of 416 results

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