Authors: Mr. Anjan Dasgupta (Partner) and Mr. Avinash Kumar Khard (Partner) S. No. Particulars Directions 1. Regulatory Framework Chapter XI of the Commercial Banks– Reserve Bank of India (Commercial Banks – Credit Facilities) Directions, 2025, as amended vide the Reserve Bank of India (Commercial Banks- Credit Facilities) Amendment Directions, 2026 (hereinafter referred to as “Directions”) […]
Authors: Mr. Ashish Chandra (Partner) and Mr. Anupal Dasgupta (Principal Associate)The Supreme Court of the United States (‘SCOTUS’) in a landmark judgment on 20 February ruled that the tariffs imposed by the Trump Administration pursuant to International Emergency Economic Powers Act (‘IEEPA’) is illegal as the statute does not provide any powers to the US President to […]
Authors: Mr. Anjan Dasgupta (Partner), Mr. Avinash Kumar Khard (Partner) and Ms. Roochi Loona (Partner) Background S. No. Particulars of Change Erstwhile Framework Amended Framework 1. Borrower Eligibility All entities eligible to receive foreign direct investment (“FDI”);Port Trusts, SEZ units, SIDBI, EXIM Bank of India; andEntities engaged in micro-finance activities i.e. registered not for profit companies, registered societies/ trusts/ cooperatives and […]
Authors: Mr. Mayank Mehta (Partner) and Ms. Aishwarya Kapoor (Principal Associate) I. INTRODUCTION In recent years, there has been a discernible shift in the manner in how families in India approach succession planning and inter-generational wealth arrangements. Increasingly, families, particularly high-net-worth individuals and business-owning families, are opting to establish family trusts as a preferred vehicle […]
Authors: Mr. Samir Malik (Partner), Mr. Mahip Singh (Associate Partner) and Ms. Ayushi Pandey (Associate) Loss of profit claims are among the most frequently pleaded heads of damages in Indian construction arbitration, and among the most consistently rejected. Despite prolonged delays, extensions of time, and employer-attributable breaches, contractors routinely fail to secure compensation under this head. The principal reason is both conceptual […]
Authors: Mr. Ashish Pahariya (Partner), Ms. Anisha Kumar (Principal Associate) and Ms. Vinita Gaud (Senior Associate) Introduction: Competing Non‑Obstante clauses and divergent objectives The Insolvency and Bankruptcy Code, 2016 (“IBC”) which came into force on December 1, 2016, marked a decisive shift in India’s approach to insolvency and its resolution. It aimed to overcome a […]
Authors: Ms. Shubhi Ameriya (Associate Partner) and Ms. Mala Mehto (Principal Associate). I. Introduction M&A due diligence has historically been a document centric exercise. Data rooms traditionally functioned as repositories of contracts, licences, financial statements, and compliance records, with personal data appearing as incidentally embedded within those documents. The implicit assumption was that personal data […]
Authors: Mr. Rishi Anand (Partner), Mr. Utkarsh Mishra (Senior Associate) and Ms. Deeksha Dubey (Associate) Introduction The rapid evolution of artificial intelligence (“AI”) has profoundly altered the digital landscape, fading the long-standing legal distinctions between content originators, AI developers, and online intermediaries. Statutory safe harbour protections, i.e., legal immunity that shields intermediaries from liability for […]
Authors: Mr. Ajay Shaw (Partner) and Mr. Samrat Roy (Principal Associate) Amid all the buzz around listed companies and growing frenzy in the capital market, there is a surge in M&A activities in the listed space in India, where open offer process is becoming the nucleus of such transactions. In this article, we intend to […]
Authors: Ms. Mala Mehto (Principal Associate) and Ms. Sumedha Tewari (Associate) In M&A transaction documents such as share purchase agreements (“SPAs”), the parties generally allocate transactional risk by negotiating differentiated indemnity survival periods or time caps for various categories of claims. Breaches of fundamental warranties and claims arising from fraud or wilful misconduct are often […]