Category: Insolvency

Restructuring vs. Liquidation: Strategic Considerations for Corporate Debtors

In today’s challenging economic landscape, many companies find themselves grappling with financial difficulties. When faced with insolvency, the decision between restructuring and liquidation becomes critical, not just for the business but for all its stakeholders, including employees, creditors, and shareholders. Understanding the nuances of these options is essential for making informed choices that can significantly... Continue Reading →

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Recovering Debts Through Arbitration After Company Insolvency

This article has been authored by Nitin Jain, Partner, Agama Law Associates. In today's economy, cross-border transactions are standard. However, they come with increased risks, including the potential insolvency of a business partner. When a company enters formal insolvency proceedings, it can become incredibly difficult to recover outstanding debts. International arbitration offers a possible solution but brings... Continue Reading →

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Ripple Effect on Distributors & Retailers: Strategies for Mitigating FMCG Company Insolvency Risks

The Fast-Moving Consumer Goods (FMCG) sector is a cornerstone of the Indian economy, providing essential products to millions of consumers. However, like any industry, it is not immune to financial instability. The insolvency of a major FMCG company can have a devastating ripple effect throughout the entire supply chain, severely impacting distributors, retailers, and even... Continue Reading →

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When the Wheels Fall Off: Protecting Franchise Dealers & Component Suppliers During Automaker Insolvency

The Indian automotive industry boasts a vibrant ecosystem of manufacturers, dealers, and component suppliers. However, even in this robust landscape, unforeseen circumstances can arise. One such scenario is an automaker insolvency, which can trigger a domino effect, leaving franchise dealers and component suppliers grappling with financial losses and operational disruptions. This article delves into the... Continue Reading →

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Construction Company Insolvencies: How They Impact Subcontractors & Suppliers

The Indian construction industry is a dynamic engine of growth, but it's not without its challenges. One significant hurdle for subcontractors and suppliers lies in the unfortunate reality of construction company insolvencies. When a main contractor goes belly up, the financial shockwaves can ripple down the supply chain, leaving subcontractors and suppliers holding the bag... Continue Reading →

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NCLAT Update: Interest on Delayed Payments to form part of Operational Debt

he Hon’ble NCLAT accordingly held that the total amount for maintainability of claim would include the principal debt amount as well as the interest on delayed payment, which was also clearly stipulated in the invoice.

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