Photo of Aman Patidar

Aman Patidar

Associate in Disputes practice at the Mumbai of Cyril Amarhand Mangaldas. Aman can be reached at aman.patidar@cyrilshroff.com

Supreme Court Gives Insolvency Claims a Fresh Lease of Life: Debt Restructuring and Substantive Compliance

Summary: The recent decision of the Supreme Court in B. Prashanth Hegde v. State Bank of India recognises that an application under Section 7 of the Insolvency and Bankruptcy Code, 2016 (“IBC”), that substantially complies with the requirements cannot be rejected merely due to insignificant errors or omissions. Further, debt restructuring can amount to acknowledgement of debt by the Corporate Debtor, extending the limitation period for filing such an application.Continue Reading Supreme Court Gives Insolvency Claims a Fresh Lease of Life: Debt Restructuring and Substantive Compliance

Navigating the MSME Minefield: When Party Autonomy Meets Statutory Reality

Summary: The recent decision in GEA Westfalia highlights the importance of an exclusive jurisdiction clause in contracts involving MSMEs, particularly for determining the court with the jurisdiction to hear challenges to awards passed as part of the mandatory statutory arbitration under the MSMED Act.Continue Reading Navigating the MSME Minefield: When Party Autonomy Meets Statutory Reality