TOPICAL UPDATES : TO IP AND BEYOND
SNAPSHOTS
KERALA HIGH COURT
SREEKUMAR AV V. STATE OF KERALA & ANR.
Indonesia’s growing economy offers a wealth of opportunities for foreign investors. Nonetheless, as in any jurisdiction, investors should obtain proper advice before entering commercial engagements with local counterparties.
Investors or companies may, as part of their wider investment thesis or business plan, make distressed asset purchases to strategically acquire assets which they may otherwise not be able to conveniently or affordably obtain. While the face value of the asset purchased may be lower than that acquired in a “solvent” transaction, purchasers should be aware that such acquisitions carry a heavy tail liability risk, which may take the form of a potential clawback as a transaction at an undervalue.
Introduction
Introduction
Introduction
The intersection of the arbitration and insolvency regimes has once again come under judicial scrutiny. In Aryan (SEA) Private Limited v Pure Group (Singapore) Pte Ltd [2025] SGHC 99 (Aryan), the General Division of the High Court of Singapore (GD) considered whether an application to restrain a winding-up petition raised a dispute that prima facie fell within the scope of an arbitration agreement, or whether the application amounted to an abuse of process.
Key takeaways
Introduction
The Supreme Court in the matter of National Spot Exchange Ltd. v. Union of India and Ors. ruled that the moratorium under IBC does not prohibit attachment of properties under the MPID Act3. The bench of Justices Bela M Trivedi and Satish Chandra Sharma was addressing a case stemming from the 2013 NSEL4 scam. In this, commodity exchange platform NSEL defaulted on ₹5,600 crores in payments to approximately 13,000 traders.
The recent pronouncement by the Supreme Court in Kalyani Transco v. Bhushan Power and Steel Ltd & Ors serves as a stark reminder of the sanctity of IBC, and the perils of procedural laxity and opportunistic manoeuvring. The Apex court not only disapproved of the powers of NCLAT to judicial review over the decision taken by ED under PMLA but also delivered a scathing critique of the entire CIRP of BPSL, ultimately leading to the rejection of JSW Steel’s resolution plan and an order for liquidation.