TM rights in ‘Shakti Bhog’ controversy amid insolvency proceedings Amid the ongoing criminal proceedings alleging fraud and money laundering against officers of the Shakti Bhog companies and of creditor bank employees, insolvency proceedings are underway and have been for some time. A dispute concerning ownership of intellectual property rights in a valuable trade mark is part of the insolvency process.
The rights of secured creditors under the Insolvency and Bankruptcy Code, 2016 (Code) have been a matter of continuous litigation and uncertainty. Early on, the challenge presented itself when during the insolvency resolution of Essar steel (India) Ltd., the National Company Law Appellate Tribunal (NCLAT) directed the distribution of resolution plan proceeds equally amongst all classes of creditors, including financial, operational, secured and unsecured creditors.
Introduction
Introduction
February, 2024 For Private Circulation - Educational & Informational Purpose Only A BRIEFING ON LEGAL MATTERS OF CURRENT INTEREST KEY HIGHLIGHTS ⁎ Supreme Court: Nomination process under the Companies Act, 1956/ Companies Act, 2013 does not override succession laws. ⁎ Supreme Court: Statutory set-off or insolvency set-off inapplicable to Corporate Insolvency Resolution Process. ⁎ Bombay High Court: High Court upholds the termination of an employee stating that freedom of speech and expression cannot be allowed beyond reasonableness.
With the objective of facilitating a smoother process for liquidation, ensuring accountability, and bolstering the confidence of stakeholders in the liquidation process, the Insolvency and Bankruptcy Board of India (IBBI) has introduced changes in the liquidation process. The same was implemented through the IBBI (Liquidation Process) (Amendment) Regulations, 2024, which were notified on February 12, 2024.
The Hon’ble Supreme Court in the landmark RPS Infrastructure Ltd vs. Mukul Sharma[1]judgement, once again delved into the issue of claims being made beyond the statutorily prescribed timelines in a Corporate Insolvency Resolution Process (“CIRP”).
In recent years, a consistent interplay has emerged between the Insolvency & Bankruptcy Code, 2016 ("IBC") and the Indian Stamp Act, 1899 ("Stamp Act"). This interaction has been further heightened due to the ongoing debate surrounding inadmissibility of documents not adequately stamped. The convergence of these statutes becomes particularly relevant when a document, serving as the foundation for determining a debt, is presented before the adjudicating authority.
This article analyses India’s proposal to adopt the UNCITRAL Model Law on Cross-Border Insolvency.
January, 2024 For Private Circulation - Educational & Informational Purpose Only A BRIEFING ON LEGAL MATTERS OF CURRENT INTEREST KEY HIGHLIGHTS * Supreme Court: Arbitration clauses in unstamped agreements enforceable, seven-judge bench overrules ‘NN Global’ decision. ⁎ Supreme Court: Non-signatories to an arbitration agreement can be made parties to an arbitration proceeding under the group of companies doctrine.