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    General Newsletter, May 2025
    2025-05-08

    1 2 Capital Market 9 Dispute Resolution 14 Fintech 19 Media and Entertainment 24 RERA 27 Sports and Gaming 39 White Collar Crime 03 Competition Law 11 Employment Law 17 International Trade/ WTO 19 MCA 25 Restructuring and Insolvency 34 Technology 40 3 EXTENSION OF TIMELINE FOR FORMULATION OF IMPLEMENTATION STANDARDS PERTAINING TO SEBI CIRCULAR ON “SAFER PARTICIPATION OF RETAIL INVESTORS IN ALGORITHMIC TRADING”1 Securities Exchange Board of India (“SEBI”) issued a circular “Safer participation of retail investors in algorithmic trading” dated February 04, 2025, which aimed at ensuring safer

    Filed under:
    India, Arbitration & ADR, Banking, Capital Markets, Company & Commercial, Competition & Antitrust, Compliance Management, Employment & Labor, Insolvency & Restructuring, IT & Data Protection, Litigation, Media & Entertainment, Real Estate, White Collar Crime, DSK Legal, Corporate governance, Know your customer, Blockchain, Advertising, Fintech, Due diligence, Non-disclosure agreement, Tariffs, ESG, Litigation funding, Gaming, Cybersecurity, Anti-money laundering, Data privacy, Esports, Reserve Bank of India, Securities and Exchange Board of India, Unilever, Singapore International Arbitration Centre, Negotiable Instruments Act 1881 (India), Insolvency and Bankruptcy Code (India), Rights of Persons with Disabilities Act 2016 (India), Supreme Court of India, Court of Arbitration for Sport
    Location:
    India
    Firm:
    DSK Legal
    No Safe Haven: Personal Insolvency cannot shield Cheque Dishonor Offenders
    2025-05-06

    In a recent ruling, the Supreme Court of India in Rakesh Bhanot v. Gurdas Agro Private Limited1 (with connected appeals) (collectively “Appeals”) clarified the scope of the interim moratorium under Section 96 of the Insolvency and Bankruptcy Code, 2016 (“Code”).

    Filed under:
    India, Insolvency & Restructuring, Litigation, Khaitan Legal Associates, Negotiable Instruments Act 1881 (India), Insolvency and Bankruptcy Code (India), Supreme Court of India, National Company Law Tribunal, Financial services corporate
    Authors:
    Sanampreet Singh , Shivani Sharma
    Location:
    India
    Firm:
    Khaitan Legal Associates
    Supreme Court clarifies the scope and ambit of Interim Moratorium in Personal Insolvency Proceedings
    2025-03-18

    Introduction

    Filed under:
    India, Insolvency & Restructuring, Litigation, Khaitan & Co, State Bank of India, Negotiable Instruments Act 1881 (India), Insolvency and Bankruptcy Code (India), Financial services banks, Financial services corporate
    Authors:
    Kumar Saurabh Singh , Rahul Chakraborti , Ashwij Ramaiah
    Location:
    India
    Firm:
    Khaitan & Co
    Between the lines- March, 2024
    2024-03-19

    March, 2024 For Private Circulation - Educational & Informational Purpose Only A BRIEFING ON LEGAL MATTERS OF CURRENT INTEREST KEY HIGHLIGHTS * NCLT: Corporate insolvency resolution process cannot be initiated under Section 7 of IBC based on transfer agreement for purchase of debentures from financial creditors. ⁎ NCLAT: Security for refund of advance amount cannot change the nature of transaction for supply of goods into financial debt.

    Filed under:
    India, Company & Commercial, Insolvency & Restructuring, Litigation, Vaish Associates Advocates, Negotiable Instruments Act 1881 (India), Insolvency and Bankruptcy Code (India), National Company Law Tribunal
    Location:
    India
    Firm:
    Vaish Associates Advocates
    A Deep Dive into 2023's Insolvency Regime- Part 2 of 5
    2024-01-16

    As we continue our journey through the evolving insolvency landscape of 2023, we will delve into two landmark cases that further shaped the legal framework governing insolvency proceedings in India. Building upon the foundations laid in Part 1 of this series, we now turn our attention to M/s. Next Education India Pvt. Ltd. Vs. M/s. K12 Techno Services Pvt. Ltd and Ajay Kumar Radheyshyam Goenka v. Tourism Finance Corporation India Ltd.

    M/s. Next Education India Pvt. Ltd. Vs. M/s. K12 Techno Services Pvt. Ltd.

    Filed under:
    India, Insolvency & Restructuring, Litigation, Singhania & Partners LLP, Insolvency, Negotiable Instruments Act 1881 (India), Insolvency and Bankruptcy Code (India), National Company Law Tribunal
    Authors:
    Vikas Goel
    Location:
    India
    Firm:
    Singhania & Partners LLP
    Between the lines- May, 2023
    2023-05-22

    May, 2023 For Private Circulation - Educational & Informational Purpose Only A BRIEFING ON LEGAL MATTERS OF CURRENT INTEREST KEY HIGHLIGHTS * Supreme Court: Directors cannot escape penal liability in cheque dishonoring cases by citing company's dissolution. ⁎ Bombay High Court: A share purchase agreement containing option to sell the shares does not amount to derivative contract, thereby does not violate provisions of SCRA. * NCLAT: Fraud for the purpose of Section 66 of the IBC includes a debt where the debtor has no intention to repay.

    Filed under:
    India, Capital Markets, Company & Commercial, Insolvency & Restructuring, Litigation, Vaish Associates Advocates, Articles of association, Insolvency, Securities and Exchange Board of India, Negotiable Instruments Act 1881 (India), Insolvency and Bankruptcy Code (India), Supreme Court of India, National Company Law Tribunal
    Location:
    India
    Firm:
    Vaish Associates Advocates
    Completion of CIRP of Corporate Debtor does not absolve Director’s liability in cases filed under Section 138 of Negotiable Instruments Act
    2023-04-21

    Introduction:

    Filed under:
    India, Insolvency & Restructuring, Litigation, Phoenix Legal, Negotiable Instruments Act 1881 (India), Insolvency and Bankruptcy Code (India), Supreme Court of India
    Authors:
    Neha Naik , Sanjeev Sambasivan
    Location:
    India
    Firm:
    Phoenix Legal
    Recovery and Security Enforcement Actions for Creditors Under Indian Law: An Overview
    2022-05-31

    INTRODUCTION

    India has been grappling with an increase in non-performing assets (NPA) and defaults of loans since at least the 1990s. As per recent reports, gross NPAs of public sector banks have doubled in the last 7 (seven) years, 1 which is indicative of the issues being faced by lenders against recalcitrant borrowers.

    Filed under:
    India, Arbitration & ADR, Insolvency & Restructuring, Litigation, Khaitan & Co, Negotiable Instruments Act 1881 (India)
    Authors:
    Prateek Kumar , Vaishnavi Chillakuru , Apeksha Dhanvijay
    Location:
    India
    Firm:
    Khaitan & Co
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