Fulltext Search
ERGO Analysing Developments Impacting Business: SC Upholds NCLAT View that a Security Deposit may Constitute a Financial Debt in Certain Circumstances

The Supreme Court (SC) in Global Credit Capital Limited & Anr v. Sach Marketing Private Limited & Anr, 2024 SCC OnLine SC 649 upheld the judgment and order of the National Company Law Appellate Tribunal, New Delhi Bench (NCLAT), dated 07 October 2021 (Impugned Order) by which Sach Marketing Private Limited (Sach) was held to be a ‘financial creditor’ of Mount Shivalik Industries Limited, the corporate debtor, (CD) in corporate insolvency resolution proceedings under the provisions of the Insolvency & Bankruptcy Code, 2016 (IBC).

India, Insolvency & Restructuring, Litigation, Khaitan & Co, Insolvency, National Company Law Tribunal
NCLAT Clarifies that Flat Allottees can initiate CIRP Against an Assignee or Transferee of a Real Estate Project

The National Company Law Appellate Tribunal (“NCLAT”) in Anjani Kumar Prashar v. Manab Datta & Ors, Company Appeal (AT) (Ins) No.

India, Insolvency & Restructuring, Litigation, Real Estate, Khaitan & Co, Insolvency, Supreme Court of India, National Company Law Tribunal
M&A in the City: Lessons from Basslink - the coalface of credit bids for infrastructure assets

Key Points:

Australia, Banking, Corporate Finance/M&A, Insolvency & Restructuring, King & Wood Mallesons, Foreign direct investment, Foreign Investment Review Board
A spot-fire mentality to Australia’s insolvency laws is still not the answer

On the 2 August 2021 Treasury released a consultation paper titled ‘Helping Companies Restructure by Improving Schemes of Arrangement. The consultation is aimed at reforming Australia’s scheme of arrangement procedure.

Australia, Insolvency & Restructuring, Litigation, King & Wood Mallesons, Coronavirus