The Insolvency and Bankruptcy Board of India (IBBI) released a Discussion Paper on 14 August 2026 addressing a growing concern: the misuse of the Corporate Insolvency Resolution Process (CIRP) for purposes that have nothing to do with genuine insolvency resolution. The regulator has proposed guidance to help Insolvency Professionals (IPs) identify and report such cases. […]
Authored by Mirza Aslam Beg [Senior Partner] & Karan Kumar Agrawal, Mirza & Associates, Advocates & Attorneys Abstract: When an Indian company wins a lawsuit, the real battle often begins thereafter. If the losing party’s assets lie abroad—in London, Singapore, or Dubai—the Indian court order is worthless unless a foreign court chooses to recognise it. This article examines India’s […]
Authored by Mirza Aslam Beg [Senior Partner] & Karan Kumar Agrawal, Mirza & Associates, Advocates & Attorneys Introduction Banks and cybercrime cells increasingly freeze or “debit-freeze” entire business accounts upon receipt of even minor cyberfraud complaints. Often there is no FIR or formal charge against the account-holder, yet police instructions cause banks to halt all transactions. A ₹1,000 or […]
On July 1, 2026, SEBI introduced amendments to its buyback regulations, reinstating the stock exchange route and mandating direct shareholder notifications. Companies can now opt out of appointing a Merchant Banker, redistributing responsibilities to internal officers. These changes provide more flexibility for listed companies, emphasizing compliance and transparency in buyback processes.
Authored by Mirza Aslam Beg [Senior Partner] & Gourav Garg [Associate Partner], Mirza & Associates, Advocates & Attorneys Introduction to the Jurisdiction Puzzle Imagine obtaining an arbitral award worth nearly eighty lakh rupees, only to find that the executing court itself is under a cloud of doubt: should the matter lie before an ordinary civil court or […]
Authored by Mr. Karan Kumar Agrawal, of the Firm i.e. Mirza & Associates, Advocates & Attorneys Introduction to the Stamping Dilemma Imagine signing a multi-crore iron ore supply agreement, a dispute erupts, and just when you expect the arbitrator to step in and resolve matters swiftly — the other side throws a curveball: “This contract was never […]
In recent years, complaints alleging manufacturing defects in automobiles and consumer goods have become increasingly common before Consumer Commissions across India. However, such allegations—while serious in nature—require more than mere assertion. The Consumer Protection Act, 2019, lays down specific legal principles regarding the burden of proof and evidentiary requirements in such cases. This article examines […]
Authored by Ms. Sneha Yadav, Legal Associate [Corporate & Commercial Litigation] of the Firm i.e. Mirza & Associates, Advocates & Attorneys On 12th June 2025, Air India Flight AI 171, a Boeing 787-8 Dreamliner, crashed just seconds after taking off from Sardar Vallabhbhai Patel International Airport, Ahmedabad, at around 1:30 PM. The aircraft collided with the residential […]
Authored by Mr. Vikrant Ahlawat, Legal Associate [Litigation & Compliance] of Mirza & Associates, Advocates & Attorneys INTRODUCTION The procedure for the nomination of a Director for Legal Metrology refers to the appointment of one of the company’s directors to ensure compliance with the provisions of the Legal Metrology Act, 2009, and its associated rules. […]
Consumer litigation poses a substantial challenge to companies of all sizes, encompassing legal processes where consumers seek accountability from companies for product or service-induced damages. The financial and reputational repercussions of mishandling such lawsuits underscore the need for a well-prepared corporate legal department. Effectively addressing consumer disputes necessitates a multi-faceted strategy, spanning prevention, swift response, […]
Introduction As a business owner, you know that disputes are bound to arise. Whether it’s a disagreement with a vendor over a contract or a legal battle with a competitor over intellectual property, conflicts can be costly and time-consuming. That’s why it’s important to have a plan in place for resolving disputes quickly and effectively. […]
Enforcement of a Civil Decree in the same Civil Court that passed said decree by filing an execution petition is always easy because the executing Court duly recognizes the said Decree. However, in the situation when Defendant/Judgment-Debtor does not have any movable or immovable property in the territorial jurisdiction of said Civil Court and in […]
Foreign arbitration awards, also known as international commercial arbitration awards, refer to decisions made by arbitrators in disputes between parties from different countries. These awards can be enforced in India through the process of execution. The first step in executing a foreign arbitration award in India is to ensure that the award is enforceable under […]
“Application under Section 9 IBC is maintainable despite proceedings of execution pending before Civil Court” – National Company Law Appellate Tribunal [NCLAT] The NCLAT Principal bench of Justice Ashok Bhushan and Dr Alok Srivastava in a recent case, Mukul Agarwal vs Royale Resinex Pvt. Ltd & Anr decided that the operational creditor is not barred […]
The Criminal Procedure (Identification) Bill, 2022 was passed on April 6, 2022, with the goal of making the criminal investigation more effective and timely through the use of modern technology. It intends to allow for the collecting, storage, and analysis of biometric samples from convicts and all those who are involved in any kind of […]
The Madras High Court in a recent Judgment in M/s Nag Leather Pvt. Ltd. V. M/s Muzain Hides reiterated the observations made by Hon’ble Apex Court in P. Mohanraj Mohanraj and Ors. V. Shah Brothers Ispat, held that upon imposition of Moratorium under Section 14 of Insolvency And Bankruptcy Code (the Code), proceedings under Section […]
There was some ambiguity in last more than one year in respect of applicability of Notification SO 1205(E) dated 24th March 2020 issued by the Ministry of Corporate Affairs. Said notification had increased the threshold limit of filing the insolvency petition either in section 7 or 9 of Insolvency & Bankruptcy Code 2016 [IBC 2016] […]
An article by Ms. Kaushiki Ranjan legal researcher at Mirza & Associates, Advocates & Attorneys Recently, “haircuts” have been reported by lenders under resolution plans approved under the provisions of the Insolvency and Bankruptcy Code (IBC). A haircut, in this context, refers to a reduction in creditors’ recoveries compared to their claims presented to an insolvency professional, as […]
After the enactment of the New Consumer Protection Act 2019, there is a debatable question among, legal practitioners, medical practitioners, Judicial and quasi-judicial platforms that whether medical practitioners or doctors come under the preview of New Consumer Protection Act 2019 and consumer complaint can be filed against them for any deficiency in service. This question […]
The Supreme Court of India comprising of Justice Hemant Gupta & Justice V Ramasubramaniam allowed the appeal on 06.10.2021 in the case “SGS India Ltd. versus Dolphin International Ltd.” and held that the onus of proof that there was deficiency in service is on the complainant. If the Complainant is able to discharge its initial […]
The Supreme Court recently in the case of, Ravindranatha Bajpe v. Mangalore Special Economic Zone Ltd, upheld the decision of Karnataka High Court of dismissing the revision petitions and confirming the judgment of Sessions Court for setting aside the orders of the Magistrate that issued the summons to the respondent nos. 1-8, where respondent numbers […]
An article by Ms. Mansi Indurkar third-year law student of National Law University, Odisha Recently, Tripura High Court has held that the part of the payee is over once the demand has been issued as given under the Negotiable Instruments Act, 1881, is sent by post to the correct address in the event of dishonor […]
An article by Mr. Shubhit Gaur, 3rd Year Law Student of Symbiosis Law School, Pune In the recent order of New Morning Star Travels v Volkswagen Finance Ltd.’ (decided on 9th November 2020), the Hon’ble High Court of Delhi held that coercive ex-parte orders under Section 9 of the Arbitration and Conciliation Act (‘The Act’) […]
