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The National Company Law Appellate Tribunal (“NCLAT”), in the case of Ashish Gupta v. Delagua Health India Private Limited and Others [Company Appeal (AT) (Ins.) No. 17 of 2022], has held that majority shareholders of a company have the locus to challenge an admission of corporate insolvency resolution process (“CIRP”) against the corporate debtor where […]

The High Court of Delhi (“High Court”) has, by a common judgement dated February 21, 2023, in a batch of appeals namely, Arb. Appeal (Comm.) No. 36 of 2022, Arb. Appeal (Comm.) No. 37 of 2022 and Arb. Appeal (Comm.) No. 38 of 2022 (“Arbitration Appeals”) arising under Section 37(2)(b) (Appealable orders) of the Arbitration […]

Environmental, social, and governance (“ESG”) investing is rapidly gaining popularity in India, as investors are becoming more conscious of the impact their investments can have on the environment, society, and other stakeholders of companies. ESG investing focuses on companies that have strong ESG practices. Such companies are considered to be more sustainable and are likely to […]

The National Company Law Appellate Tribunal (“NCLAT”), in the case of Hero Fincorp Limited v. M/s. Hema Automotive Private Limited [Company Appeal (AT) (Insolvency) No. 1540 of 2022], held that the obligation of the adjudicating authority to direct for liquidation shall arise only when decision of the Committee of Creditors (“CoC”) is in accordance with […]

The High Court of Allahabad (“High Court”) by order dated January 12, 2023, in the matter of Narendra Singh Panwar v. Pashchimanchal Vidyut Vitran Nigam Limited and Others [Writ – C No. 26355 of 2022], held that approval of a resolution plan does not ipso facto discharge a personal guarantor of a corporate debtor of […]