VirtuaLaw Blog

Critical Analysis of Indian Corporate Laws

Insolvency Law
Vijay Sekar

Is Priority Rights not a Priority?

In a recent ruling of NCLAT, it was observed that in the event the Secured Creditor holding priority charge elects to relinquish its security interest then the priority status of such secured creditor is lost and shall rank equally with other Secured Creditors. The Author attempts to capture the existing position and the need for protection of priority rights inter-se Secured Creditors.
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Insolvency Law
Prakul Thadi

Prepacks for MSMEs

Download the presentation on Prepacks and watch the Video explaining the entire process of Prepacks as envisaged in the Ordinance.
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Insolvency Law
Prakul Thadi

Pre-packs & 29A

The Sub-Committee of ILC recommended retention of Sec. 29A for Pre-packs. The article recommends two key amendments, in light of this.
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Insolvency Law
Prakul Thadi

When there’s no wisdom, how come “Commercial Wisdom”?

An interesting case where the Adjudicating Authority made critical comments on the so-called Commercial Wisdom of the Committee of Creditors. It emphasised that the CoC has not at all applied its mind and that there was no element of wisdom displayed, leave alone the ‘commercial wisdom’…
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