Insights
Limitation, Acknowledgement, and the Section 18 Battleground in Commercial Recovery
Section 18 of the Limitation Act 1963 allows acknowledgement of liability to restart the limitation clock. The exact requirements are strict and…
Section 9 of the Arbitration Act: When Interim Relief Is the Right First Move
Section 9 of the Arbitration and Conciliation Act 1996 enables a party to seek interim protective measures from the court before, during,…
Founders Agreement Vesting in Indian Start-ups: Why Reverse Vesting Is the Right Default
The vesting structure in a Founders Agreement determines what happens when a founder leaves. Reverse vesting protects the cap table and the…
The Curative Petition After Rupa Ashok Hurra: The Last Remedy and Its Narrow Gates
The curative petition, created by the Supreme Court in Rupa Ashok Hurra v. Ashok Hurra (2002) and recently expanded in DMRC v.…
Force Majeure After Energy Watchdog: Why Indian Courts Now Require Specific Drafting
The Supreme Court’s analysis in Energy Watchdog v. CERC (2017), reinforced through COVID-era decisions, raised the bar on force majeure clauses in…
SARFAESI Section 13(4) Possession in 2026: When Lenders Should Use It and When They Should Not
Section 13(4) of SARFAESI gives the lender a route to possession without court intervention. The choice of when to use it, and…
The Group of Companies Doctrine After Cox & Kings: When Non-Signatories Are Bound by the Arbitration Agreement
The Constitution Bench in Cox & Kings v. SAP India (2023) settled the application of the Group of Companies doctrine in Indian…
Acquiring a Real Estate Project Through CIRP: Six Risks Bidders Must Price
Six structural risks that a bidder must price into a resolution plan when acquiring a real estate project through CIRP, including homebuyer…
The Negative Competence-Competence Principle After In re Interplay: How Section 11 Inquiry Has Narrowed
The seven-judge Constitution Bench decision in In re Interplay (2024) tightened the negative competence-competence principle and recalibrated the inquiry at the Section…
Cross-Border Data Transfer Under the DPDP Act 2023: What the Rules Actually Require
The DPDP Act 2023 framework on cross-border data transfer, the role of the negative-list mechanism, and the operational compliance steps for Indian…