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Operational creditors under Insolvency and Bankruptcy Code, 2016 (IBC) are the ones who supply goods or services to the corporate debtor in exchange for operational debt. As per Section 5(20) of IBC, an “operational creditor” means a person to whom an operational debt is owed. Section 5(21) of IBC defines “operational debt” as

“a claim for the provision of goods or services, including employment, or a debt for the repayment of dues arising under any law for the time being in force and payable to the Central Government, any State Government, or a local authority.”

The Insolvency and Bankruptcy Code (IBC) was introduced in 2016 which primarily aims at the resolution of corporate insolvency of corporate persons, partnership firms and individuals. The IBC framework is intended to facilitate the financially distressed corporate debtor and not as a mere recovery mechanism for creditors. Accordingly, proceedings before the National Company Law Tribunal (NCLT) and the National Company Law Appellate Tribunal (NCLAT) are resolution centred and not recovery centred.

One of the major financial commitments is buying your own home. Unfortunately, in todays’ time, many homebuyers are facing situations where the Builders are unable to complete their Projects on time due to any reason whatsoever, and ends up into insolvency, leaving the homebuyers anxious about losing their investments. If you are also amongst such homebuyers, who are distressed by such a situation and are searching for the right path to get a resolution, you are at the right place.

Before delving into the concept of oppression and mismanagement, it is necessary to begin with the judicial origin that shaped and laid down its foundational principles by emphasizing the significance of a company’s separate legal identity and the proper plaintiff rule. It provided a simple yet powerful principle of majority and minority shareholders’ right.

Buying a home is often the biggest investment a family makes. It comes with hopes of security, stability and appreciation in value. But for many buyers across the country, this dream has been tested by long delays, mounting demands, and changing terms by the builders, backed by the arbitrary and one-sided clauses, stealthy incorporated in the Agreement. A recent judgement judgment of the Supreme Court brings this issue into sharp focus and sends an important message on fairness in builder–buyer relationships.

RERA has been a game changer for homebuyers in India. Real Estate (Regulation and Development) Act, 2016 (RERA) has made home buying less intimidating by prioritizing home buyers. Before enactment of the RERA, the real estate sector was largely unregulated, unfettered, leaving homebuyers with little protection. The RERA was introduced to bring transparency, accountability, and timely possession to the homebuyers.

The future is virtual — but the legal consequences are real.
At Centrik, we explore the evolving techno-legal landscape and decode the challenges of law beyond physical boundaries.

Purchasing a home is one of the biggest decisions of our lives. Whether it is your first flat or an investment property, the excitement of booking a property often overshadows the legal due diligence that must be a priority in today’s time. Unfortunately, that’s where many of us make mistakes, which prove to be costly.

Transfer pricing is the actual price charged in a transaction between related entities forming part of the same Multi-National Enterprises (MNEs). Since the tax rates vary from country to country, transfer pricing becomes a method to reduce the tax liability of the MNE as a whole. It involves setting up of transfer prices in such a manner that lesser profits are booked in countries with higher tax rates.

When it comes to a detailed and again rather complicated legal framework of insolvency law under the Insolvency and Bankruptcy Code, 2016,(IBC) the key point is the commencement of the Corporate Insolvency Resolution Process (CIRP). This process is intended to assist firms that are in deficit and also to aid in avoiding being caught in the financial debt trap.

The National Company Law Tribunal (NCLT) recently rejected a proposed merger between two companies, citing significant concerns over public interest. This decision underscores the NCLT’s critical role in balancing corporate ambitions with broader societal and economic implications, ensuring that business decisions do not undermine the interests of the public.

Anti-competitive agreements are a significant area of concern under Indian competition law, governed by the Competition Act, of 2002. These agreements, which have the potential to harm the competitive process and consumer welfare, are strictly regulated by the Competition Commission of India (CCI).

By applying Section 17 to arbitrations seated outside India, India shall move a step ahead in ensuring that the assets or subject matter of the dispute located in India are secured expeditiously, and no party can play any kind of dilatory tactics to render such foreign seated interim awards infructuous.

Alternative Dispute Resolution (ADR) is a technique to resolve disputes and disagreements between the parties by arriving at an amenable settlement through negotiations and discussions. It is an attempt to establish an alternative mechanism other than the traditional methods of dispute resolutions.

Legal experts say that aggrieved home buyers file a case in RERA first and then approach the RERA Appellate Tribunal and then the high court and then ultimately the Supreme Court if their dispute is not solved.