Corporate
Who Counts As A “Member”?
The Supreme Court Reads Substance into the Oppression RemedyIn a significant reaffirmation of the equitable foundations of company law, the Supreme Court has held that an investor whose name does not appear in the register of members may still maintain a petition alleging oppression and mismanagement, so long as the company's own conduct recognises him as a stakeholder. On 4 May 2026, a Division Bench comprising Justice Pamidighantam Sri Narasimha, who authored the opinion, and Justice Alok...
Commercial Courts Act | Documents Being Voluminous No Excuse For Their Belated Production : Supreme Court
The Supreme Court on Thursday (July 9) held that a mere 'voluminous nature' of the evidence does not constitute a "reasonable cause" for their belated production under the Commercial Courts Act, 2015. “…it is well established that the plaintiff when leading evidence, is expected to not only produce all documents but also properly anticipate the questions that may be put to its witnesses...
IBC| 'Mere Settlement Talks Can't Defer CIRP Admission Once Debt & Default Is Established', Supreme Court Affirms Revival Of CIRP
The Supreme Court on Thursday (July 9) dismissed the appeals filed by the suspended director of Parsvnath Developers Ltd., upholding the revival of Corporate Insolvency Resolution Process proceedings against the real estate group in a default case involving approximately ₹452 crore.A partial court working days bench of Justice KV Viswanathan and Justice Alok Aradhe refused to interfere with...
Supreme Court Upholds Rejection Of Operational Creditor's Insolvency Plea Against Essar Power Gujarat
The Supreme Court on Wednesday (July 8) refused to interfere with the National Company Law Appellate Tribunal (NCLAT) order rejecting an ₹85-crore insolvency petition against Essar Power Gujarat Ltd. on the ground that a pre-existing dispute exists between the parties. A partial court working days bench of Justice Nongmeikapam Kotiswar Singh and Justice K. Vinod Chandran dismissed the...
Zombie Trademarks In Metaverse
Can a dead mark be revived again? Can a trademark ever truly be considered dead? These are the foundational questions that modern intellectual property law must confront as commerce shifts toward digital frontiers. Logically, when the owner of the mark abandons it, it enters the public domain, and anyone should be allowed to use it. However, the commercial reality is far more complex.When a mark is abandoned, it leaves behind a nostalgic consumer experience, has created its own Goodwill in the...
Defective Appeals, Extinguished Rights: Supreme Court's New Limitation Doctrine Under IBC
In a significant reaffirmation of the Insolvency and Bankruptcy Code's commitment to expedition and finality, a Bench of the Supreme Court comprising Justice Dipankar Datta and Justice Satish Chandra Sharma, speaking through Justice Dipankar Datta, held in CA Ramchandra Dallaram Choudhary v. Adani Infrastructure and Developers Private Limited (2026 INSC 629) that a litigant cannot circumvent the strict limitation regime under Section 62 of the IBC by filing a defective appeal and curing defects...
Navigating Statutory Silences: A Closer Look At Justiciability Of Self-subscribed Procedure In Criminal Law
The Indian legal landscape is seldom an exception to the regulatory overreach done in the name of procedure. Nevertheless, when such procedure is voluntarily adopted, it ought to align with the tenets of law. This is an analyses of a recent order passed by the Madras High Court in M/s. Jks Constructions Private Limited v The Assistant Registrar of Companies (2026)[1] and poses a pertinent question before us: When a regulatory authority adopts a procedure not mandated by law, how far can that...
Forgotten Proviso: What Sanjay Dave Left Unsaid About Letters Of Intent
Reflections on the Supreme Court's decision in Sanjay Dave v. Andhra Bank Ltd.[1]The forgotten provisoThe Letter of Intent (LoI) occupies an unusual position within India's insolvency framework. It is not a creature of the Insolvency and Bankruptcy Code, 2016 (IBC). The Code does not define it, regulate its contents or prescribe the consequences of refusing to accept it. Yet, in practice,...
A Successful Resolution Applicant Cannot Escape Through A 'Conditional' Letter Of Intent
For some years, the position under the Insolvency and Bankruptcy Code, 2016 has been settled. A successful resolution applicant cannot withdraw or modify a resolution plan once the committee of creditors (CoC) has approved it and the plan has gone to the adjudicating authority. The Supreme Court said as much in Ebix Singapore (P) Ltd. v. Committee of Creditors of Educomp Solutions Ltd., 2021 LiveLaw (SC) 447, holding that the Code leaves a resolution applicant no way out and th at the NCLT...
Cross Border Insolvency In India: What Rules Must Say
A view from the corridorIn May 2023, Go First – an Indian low-cost airline – filed for voluntary insolvency under section 10 of the Insolvency and Bankruptcy Code, 2016 (IBC). The Adjudicating Authority (NCLT) admitted the application and imposed a moratorium under section 14.[1]That much was routine. What followed was not.The aircraft lessors – companies such as Pembroke Aircraft Leasing, SMBC Aviation Capital and Accipiter Investments – had already terminated their lease agreements. They...
