Entries by Sikha Bansal

CERSAI beyond SARFAESI – The multi-faceted effects of security interest registration

December 12, 2022 /0 Comments/in , , , , /by

– Sikha Bansal and Anirudh Grover | finserv@vinodkothari.com Introduction The rights of secured creditors are spread across various laws: common law, Companies Act, Insolvency and Bankruptcy Code (IBC) and the SARFAESI Act. In equal measure, the preconditions which are requisite to assert these rights are also spread over those very laws.  It is lamentable that the security […]

Resolution Regime for Systemic Financial Firms: The IBC Way or the Other Way?

October 7, 2022 /0 Comments/in , /by

– Sikha Bansal, Partner and Timothy Lopes, Manager | resolution@vinodkothari.com Every economy has entities that carry with them systemic risk, which is essentially the risk that failure of such entities could result in financial contagion through a sort of domino/cascading effect on the economy. The contagion effect multiplies manifold if such an entity has cross-border […]

Debentureholders’ rights in Intercreditor agreements

September 1, 2022 /0 Comments/in , , , /by

Supreme Court lays principles in case of debenture defaults – Sikha Bansal, Partner, Vinod Kothari & Company | corplaw@vinodkothari.com A well-developed corporate bond market not only provides cost-effective funds to the issuer, but also enables lenders like banks and other financial institutions to streamline their asset-liability mismatches. As such, there have been a lot of […]

Mortgage on movable property –  whether another lucrative option for lenders?

July 22, 2022 /0 Comments/in , /by

– Sikha Bansal, Partner & Shraddha Shivani, Executive | corplaw@vinodkothari.com Introduction Pledge[1], hypothecation, mortgage – these are all forms of security interest[2], albeit with different features. Although the common objective of any form of security interest is to create a right in rem[3] (rather than in personam[4]) in favour of the lender, the effectiveness of […]