Waiver & Acquiescence vis-à-vis Kalpraj Dharamshi v. Kotak Investment Advisors – By Reema Jain

Waiver & Acquiescence vis-à-vis Kalpraj Dharamshi v. Kotak Investment Advisors By Reema Jain, Law student at Symbiosis Law School, Hyderabad I. INTRODUCTION The Insolvency and Bankruptcy Code 2016 (Code) restructured India’s failing Insolvency Resolution regime. The Bankruptcy Law Reform Committee…

Case Analysis: M/s Orator Marketing Pvt. Ltd vs. M/s Samtex Desinz Pvt. Ltd. – By Purbasha Panda

The question that arises here is in the present set of facts is ‘What was actually the consideration for time value of money in the present transaction? The term ‘time value of money’ essentially means that the money that one might have now,  would have more worth than its present value in future. In this case, there is a entity which has taken a loan from an institutional lender and has mortgaged all his assets, however the loan taken is not sufficient to meet his working capital requirements. So now to fix the same, he has taken an unsecured term loan from one of its sister concerns without any interest (This term loan was though later assigned to the Appellant). So the question arises, what exactly is the consideration for time value of money in this case?  The Judgement does not answer this question very elaborately rather it doesn’t undertake an extensive analysis of the nature of the financial transaction between the parties. It can be presumed that the entity would meet his working capital requirements through the term loan advanced by his sister concern and generate some profit. The question that arises is “Would the profit generated by the entity with the help of monies received through the term loan advanced by its sister concern is the consideration in nature of time value of money?”. The judgement does not sufficiently elaborate on this aspect.

Case Brief – Pratap Technocrats (P) Ltd. & Ors. v. Monitoring Committee of Reliance Infratel Ltd. & Anr. – By Preetika Bharti

In a recent judgement dated 10th August 2021, the Hon’ble Supreme Court, has once again, upheld the wisdom of Committee of Creditors (“COC”) and dismissed the appeal filed by the operational creditors (“OC”) against approval of resolution plan (“Plan”). A brief of the judgement is provided hereinbelow.