STATUS CORRECTION NECESSARY FOR OPERATIONAL CREDITORS IN THE IBC REGIME: A CRITICAL ANALYSIS

STATUS CORRECTION NECESSARY FOR OPERATIONAL CREDITORS IN THE IBC REGIME: A CRITICAL ANALYSIS

Davesh Bhatia
Oct-20-2024

India's IBC favors Financial Creditors (FCs) over Operational Creditors (OCs), granting FCs exclusive voting rights and higher payment priority. While courts uphold this distinction citing systemic risks, it causes severe financial distress for OCs. Reforms are urgently needed to ensure equitable representation and fairer recovery distributions for all creditors.

WAIT …THAT WASN’T SEXUAL HARASSMENT. IT WAS JUST A FRIENDLY DISCUSSION!

WAIT …THAT WASN’T SEXUAL HARASSMENT. IT WAS JUST A FRIENDLY DISCUSSION!

Davesh Bhatia
Jun-01-2021

Under the POSH Act, late-night WhatsApp texts with sexual innuendos constitute sexual harassment, as the legal definition of "workplace" extends to virtual communications outside office hours. The ICC wrongly acquitted the accused by improperly focusing on the victim's delayed reporting and perceived motives rather than the actual misconduct.

BRIEF OVERVIEW OF NBFC’s AND OPPORTUNITIES

BRIEF OVERVIEW OF NBFC’s AND OPPORTUNITIES

Davesh Bhatia
Apr-27-2000

Non-Banking Financial Companies (NBFCs) are vital for India's post-pandemic economic recovery, especially in micro-financing. To ease compliance, foster growth, and streamline regulations, the RBI recently harmonized three major NBFC categories - Asset Finance, Loan, and Investment Companies - into a single entity: the Investment and Credit Company (NBFC-ICC).