Category: Corporate Disputes

It is a common view among members of the business community that engaging in litigation is a time consuming and distracting exercise. It takes away precious resources from the business and management, which can instead be productively deployed in enhancing business value. But, sometimes litigation is inevitable.

The Insolvency and Bankruptcy Code, 2016 (Code) was legislated with the intent to resolve the banking crisis that had engulfed the Indian economy. While the Code provides banks and other financial creditors a theoretically faster mechanism to resolve their bad debts, the infrastructural and procedural aspects surrounding the resolution process are leading to delays.

The builder community has for long been engaging in an ingenious mechanism of financing construction projects, by offering the public attractive ‘assured return’ schemes as flat / commercial real estate purchases. There are multiple cases of builders having raised large amounts of capital from buyers on the pretext of