India: Financial Restructuring

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Insolvency law and bankruptcy law articles, thought leadership, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering topics surrounding financial restructuring, insolvency and bankruptcy.
Article
No Sailing In Two Boats: Electing Remedy For Refund Strips A Home Buyer Of The Financial Creditor Tag
Argus Partners operates offices in three major Indian cities - Mumbai, New Delhi, and Bengaluru - providing legal services across the country. The firm maintains a professional presence with strategically located offices in key business districts including Nariman Point, Okhla Industrial Area, and Lavelle Road. Contact information and physical addresses are provided for each location to facilitate client communication and engagement.
India Commercial
AP
Argus Partners
Article
SEBI Clarifies Scope Of Regulation 62A: Transfer Of Unlisted NCDs Under A Business Transfer Arrangement Does Not Circumvent Listing Requirements
Securities and Exchange Board of India (SEBI) in its recent informal guidance dated 20 July 2026 (Informal Guidance), has clarified that Regulation 62A of SEBI (Listing Obligations and Disclosure Requirements) Regulations, 2015, as amended (LODR Regulations), applies to outstanding unlisted non-convertible debentures, which was are transferred to a debt listed entity pursuant to any corporate restructuring or business transfer.
India Finance
KC
Khaitan & Co LLP
Article
Artificial Intelligence, Judicial Integrity, and The Rule Of Law
The Supreme Court of India has delivered a landmark ruling addressing the growing threat of AI-generated fabricated legal precedents in judicial proceedings. In Pooja Ramesh Singh v. Jammu and Kashmir Bank Ltd., the Court established a zero-tolerance policy toward hallucinated case law, setting aside tribunal orders that relied on non-existent judgments while establishing comprehensive guidelines for the responsible use of artificial intelligence in the legal profession.
India Insolvency
IL
IndiaLaw LLP
Article
Securities And Exchange Board Of India Proposes Review Of Price Discovery Mechanism Through Pre-open Call Auction Session For Initial Public Offering And Re-Listed Scrips
On May 21, 2026, the Securities and Exchange Board of India (“SEBI”) issued a consultation paper proposing changes to the existing price discovery framework applicable to Initial Public Offering (“IPO”) and re-listed scrips during the pre-open call auction session on the date of IPO listing or re-listing.
India Commercial
J
JSA
Article
Insolvency And Stressed Infrastructure Assets In India: Opportunities, Risks And Resolution Trends In 2026
India’s infrastructure story has long been associated with ambition, mega highways, renewable energy parks, airports, logistics corridors, smart cities, data centres and urban transformation projects. Over the last two decades, billions of dollars have flowed into the sector from banks, institutional lenders, sovereign wealth funds, infrastructure funds and global investors eager to participate in India’s growth trajectory.
India Insolvency
KS
King, Stubb & Kasiva
Article
National Company Law Appellate Tribunal Clarifies Financial Creditor Status In Third-party Mortgage Transactions Under The Insolvency And Bankruptcy Code, 2016
The National Company Law Appellate Tribunal, Principal Bench, New Delhi (“NCLAT”), In the case of Vistra ITCL (India) Limited vs. Vithal Madhukar Dahake and Ors.1, has considered whether a third-party mortgagor, which created security over its assets for the debt of another entity, could be treated as giving rise to a ‘financial debt’ under the Insolvency and Bankruptcy Code, 2016 (“IBC”). The appeal arose from an order of the National Company Law Tribunal, Mumbai (“NCLT”).
India Insolvency
J
JSA
Article
Corporate Guarantees Giving Rise To Liability For Repayment Of Money Borrowed Constitute ‘financial Debt’ – Technical Lapses Are Immaterial
The Supreme Court recently examined whether corporate guarantees executed during financial distress can constitute 'financial debt' under the Insolvency and Bankruptcy Code, 2016. The case arose when SBI Consortium's claims as financial creditors were challenged on grounds including suspicious timing, non-disclosure in financial statements, and insufficient stamping.
India Insolvency
LS
Lakshmikumaran & Sridharan
Article
Restructured Debt And The Survival Of Registered Charges: NCLAT Affirms Secured Creditor Status In The Absence Of Post-Restructuring ROC Modification
The National Company Law Appellate Tribunal delivered a landmark ruling on whether credit facilities restructured under RBI guidelines retain their secured status during liquidation proceedings without corresponding modification of charge registration. The judgment addresses the complex interplay between corporate debt restructuring, charge registration requirements under company law, and the insolvency resolution framework, establishing critical precedents for consortium lending practices.
India Insolvency
IL
IndiaLaw LLP
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