Entries by Staff Publication

Out-and-Out Ouster of Ineligible Persons- Liquidation Amendment Regulations, 2020 enact Discussion Paper proposals

-Megha Mittal (resolution@vinodkothari.com)  The Insolvency and Bankruptcy Board of India (“IBBI”/ “Board”) vide Notification No. IBBI/2019-20/GN/REG053, dated 06.01.2020, introduced the IBBI (Liquidation Process) (Amendment) Regulations, 2020 (“Amendment Regulations”) w.e.f. the same day. In what seems to be an adaptation of the ideas proposed in the Discussion Paper dated 03.11.2019[1], the Amendment Regulations seem to have […]

Marketplace lending: Legal issues around “true lender” and “valid when made” doctrines

-Vinod Kothari (vinod@vinodkothari.com)   Marketplace lending, P2P lending, or Fintech credit, has been growing fast in many countries, including the USA. It is estimated to have reached about $ 24 billion in 2019[1] in the USA. However, there are some interesting legal issues that seem to be arising.  The issues seem to be emanating from […]

LIMITATION ON ROLE OF ADJUDICATING AUTHORITY

-Richa Saraf (resolution@vinodkothari.com) It is a well settled principle that a writ petition may be entertained by the High Courts only in absence of any efficacious alternate remedy. However, one of the exceptions to the said rule is where there is lack of jurisdiction on the part of the statutory/ quasi- judicial authority, against whose […]