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Wrongful Trading and Director Liability Under the IBC
Wrongful trading now has a statutory definition under the IBC from 26 May 2026. What the reworked section 66 regime means for director liability in India.

Vikrant D. Shetty
1 day ago11 min read


Which Restrictive Covenants Survive a Resolution Plan Takeover
Whether non-compete, confidentiality and non-solicitation clauses survive a resolution plan change of control, and what a resolution applicant should require.

Vikrant D. Shetty
2 days ago12 min read


What Insolvency Risk Clauses Should Vendor Contracts Include
Drafting insolvency risk clauses into Indian vendor onboarding contracts: credit support, tooling title, escrow, set-off, and what actually survives a CIRP.

Vikrant D. Shetty
5 days ago16 min read


What Happens to an IP Licence When the Licensor Enters CIRP
How an IP licence fares when the licensor enters CIRP under the IBC: executory contracts, ipso facto rights, section 31 plan transfers and the drafting fixes.

Vikrant D. Shetty
6 days ago13 min read


What Franchisees Can and Cannot Do When a Franchisor Enters CIRP
How Indian franchisees should handle a franchisor's CIRP: termination limits, trade mark licences, deposits and the section 31(6) extinguishment of claims.

Vikrant D. Shetty
6 days ago12 min read


TDS Obligations When Paying a Corporate Debtor Under CIRP
A counterparty paying a company in CIRP still owes Chapter XVII-B duties. How TDS, section 194Q, section 197 and section 178 work when the payee is insolvent.

Vikrant D. Shetty
Oct 2412 min read


Supplier Claims and Continued Supply When a Customer Enters CIRP
How an unpaid supplier files a Form B claim when a customer enters CIRP, the fourteen day deadline, late claims, and why post-admission supply ranks first.

Vikrant D. Shetty
Oct 2415 min read


SEBI LODR Regulation 30 Disclosure of a Counterparty Insolvency
When a vendor or customer enters CIRP, must a listed company disclose it? Regulation 30 materiality thresholds, timelines and the Para A versus Para B line.

Vikrant D. Shetty
Oct 2113 min read


Recovering an Intra-Group Loan When a Subsidiary Enters Insolvency
Related-party loan recovery when a group subsidiary enters CIRP: section 21(2) voting exclusion, section 53 rank, avoidance risk and how to structure funding.

Vikrant D. Shetty
Oct 2012 min read


Power Purchase Agreements and Discom Insolvency
How PPAs fare when a generator or a discom fails: Gujarat Urja, NCLT versus regulatory jurisdiction, late payment surcharge recovery and resolution plans.

Vikrant D. Shetty
Oct 1714 min read


Joint Venture Deadlock and Exit Options When a Partner Enters CIRP
What happens to a joint venture agreement, its exit clauses and board quorum when one JV partner enters CIRP under the IBC, and the solvent partner's real options.

Vikrant D. Shetty
Oct 1315 min read


How the Amended Section 59 Lets a Voluntary Liquidation Be Reversed
Section 59(5A) of the IBC lets a voluntary liquidation be terminated from 26 May 2026. Approvals, timelines, filings and what termination does not undo.

Vikrant D. Shetty
Oct 811 min read


GST Input Tax Credit Reversal When a Vendor Undergoes Liquidation
Where a GST vendor fails and enters liquidation, sections 16(2)(aa) and 16(2)(c), rule 37 and rule 37A decide whether the recipient keeps its input tax credit.

Vikrant D. Shetty
Oct 113 min read


Expected Credit Loss Provisioning Under Ind AS 109 in CIRP
Expected credit loss provisioning under Ind AS 109 when a debtor enters CIRP: what legal can confirm at each stage and how it changes the ECL estimate.

Vikrant D. Shetty
Sep 3011 min read


Employee Continuity After a Resolution Plan Closes in a Slump Sale
What an acquirer inherits after a resolution plan closes: employee continuity, slump sale transfers, section 53 ranking, and provident fund, pension and gratuity dues.

Vikrant D. Shetty
Sep 2914 min read


E-Commerce Seller Insolvency and Payment Gateway Risk for Platforms
Whether payment aggregator escrow funds fall into a marketplace seller's insolvency estate, plus refunds, fulfilment centre stock and platform claims.

Vikrant D. Shetty
Sep 2815 min read


Drafting Ipso Facto Clauses That Survive Indian Courts
How to draft insolvency termination rights that survive in India: the Gujarat Urja doctrine, the limits of section 14, and a CIRP trigger-by-trigger table.

Vikrant D. Shetty
Sep 2712 min read


DPDP Act Compliance During a Subsidiary's CIRP
Who is the Data Fiduciary under the DPDP Act when a subsidiary enters CIRP, how erasure conflicts with IBC record retention, and what the parent must track.

Vikrant D. Shetty
Sep 2612 min read


D&O Insurance Run-Off Cover When a Company Enters CIRP
How D&O policies respond when a company enters CIRP in India: Side A cover, insolvency exclusions, change of control, run-off periods and claims notification.

Vikrant D. Shetty
Sep 2313 min read


Can Force Majeure Be Invoked When a Supplier Enters CIRP
A supplier entering CIRP is rarely a force majeure event. How section 32, section 56 and the section 14 moratorium interact, and what buyers should do.

Vikrant D. Shetty
Sep 1813 min read
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