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Merger control for IRPs: Do acquisitions of distressed firms warrant competition scrutiny?
(Indian Institute of Management Ahmedabad, 2020-05-08)
In July 2019, the Competition Law Review Committee Report had recommended that Insolvency Resolution Plans (IRP) which result in combinations should be green-channelled. This would mean that IRP combinations would be ...
Apartment buyers as financial creditors: pushing the conceptual limits of the Indian insolvency regime
(Columbia Journal of Asian Law, 2020-06-01)
A unique feature of the Indian insolvency regime is its classification of debt into “operational” and “financial” debt. In Swiss Ribbons v. Union of India, the Supreme Court of India tenaciously upheld the difference between ...
Auditors’ negligence and professional misconduct in India: a struggle for a consistent legal standard
(Indian Institute of Management Ahmedabad, 2020-01-09)
Gross negligence is a severe form of negligence. Its severity has been characterized using the presence of a mental element or mens rea accompanying the negligent act. Within the context of professional negligence, gross ...
Pre-packs in the Indian insolvency regime
(Indian Institute of Management Ahmedabad, 2020-08-03)
Pre-packaging allows a distressed company to negotiate a plan with its creditors and a purchaser before entering formal insolvency proceedings. By allowing the terms of a plan to be negotiated before formal proceedings, ...