India: Financial Restructuring

The National Company Law Appellate Tribunal ("NCLAT"), recently in the case of State Bank of India vs. Mr. Deepak Kumar Singhania, has clarified that a statutory demand notice...

The Supreme Court of India ("Supreme Court") recently in the case of Saranga Anilkumar Aggarwal vs. Bhavesh Dhirajlal Sheth and Ors., held that the interim moratorium on personal guarantors under Section 96 of the Insolvency and Bankruptcy Code, 2016 ("IBC") does not extend to regulatory penalties.

The Insolvency and Bankruptcy Code, 2016 ("Code") has been a cornerstone of India's restructuring framework, yet its evolving nature often leaves room for judicial interpretation.