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India Legal’s first of its kind legal leadership conclave, Insolvency & Bankruptcy Code as theme

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India Legal’s first of its kind legal leadership conclave, Insolvency & Bankruptcy Code as theme

The first of its kind Legal Leadership Conclave held by India Legal at St. Regis Hotel, Mumbai on Saturday, April 27 was focused on the theme of Insolvency and Bankruptcy Code.

Held in partnership with Supreme Court Bar Association (SCBA), India Legal Research Foundation (ILRF), APN, and Nepal 1 and presented by ENC, the idea behind legal leadership conclave is to create awareness about legal issues and educating young lawyers on contemporary legal issues. The Conclave is a platform to bring together the best legal minds of the country.

The conclave at Mumbai is part of the series of conclaves that would take place in different parts of the country to being together the best minds.

Read: A Dramatic, Powerful Initiative By Inderjit Badhwar

The Mumbai conclave decoded the Insolvency and Bankruptcy Code, an ambitious piece of economic reform in India’s history which came into being in May 2016. However, its implementation is riddled with many issues that had not been thought of at the time of drafting the resolution. This conclave was an opportunity for various stakeholders to deliberate on the prospects of IBC.

The crowd at the conclave included top builders of Mumbai, lawyers, technocrats, students from Maharashtra Law University.

The conclave started with Ganesh Vandana and the lighting of the ceremonial lamp followed by presentation of bouquet to the distinguished panel by executive members of SCBA.

Former Law Secretary to Government of India PK Malhotra delivered the welcome address with Justice NV Ramona, judge Supreme Court, Justice BN Srikrishna, former judge Supreme Court, Inderjit Badhwar, editor-in-Chief India Legal, and Justice Pradeep Nandrajog, chief justice of Bombay High Court on the dais.

“There can’t be a better person than Justice Ramana to be the chief guest at this conclave dealing with Insolvency and Bankruptcy code. He has chaired several committees related to this law. We look forward to hearing words of wisdom and guidance from him. He has made useful recommendations in the area of institutional arbitration,” observed PK Malhotra.

Appreciating the theme of the conclave, Malhotra said: “IBC is a commendable initiative. It has helped India leapfrog ahead in the list of countries known for the ease of doing business. In fact IBC has changed the whole thought process in the insolvency sector. The entire thrust of IBC is in the revival of sick businesses. Such is the impact of IBC today that there is hardly a day where developments related to IBC do not get reported in the press, either local or national.”

“The object of this Conclave is to bring all stakeholders together and offer them a platform to discuss challenges and opportunities of IBC.”

“I congratulate India Legal, the ENC group, honourable judges, members of law students and industry experts for making this event a success,” said Malhotra.

Justice BN Srikrishna said: “IBC is considered a landmark reform in the area of ease of doing business. It helps in the resolution of insolvency issues and helps refloat a company which is in financial distress. IBC has reduced the time taken to wind up a company.

“It has gone a long way in improving India’s ranking in the ease of doing business. There has always been a great demand for an insolvency law in India and IBC fits the bill. IBC is an idea whose time has come. It will accelerate India’s economy, promote entrepreneurship. It is a game changer. People are gung ho about IBC. However, there are certain shortcomings in IBC: it has explicit bias against liquidation within the govt and the law. However, that is not what the law says. Secondly the law is agnostic, it only prescribes a process. And this bias manifests itself in judicial intervention. Third and not the least, the extended timeline creates chances of abuse.”

“The poor infrastructure and inadequate bench strength of NCLT tribunals is also an issue. Then tribunals must be kept outside the ambit of the government. These need independence.”

Justice NV Ramana giving a detailed evaluation of the IBC law in his speech, said “IBC is an important piece of legislation. The location of this conclave is apt as Mumbai is a business hub and has many economists, bankers.”

Read: Top legal luminaries deliberate on Insolvency & Bankruptcy Code at India Legal Conclave

Inderjit Badhwar said: “I am impressed by the views of Mr Malhotra. He has given us confidence and inspired us to go ahead with the conclave. Justice Srikrishna’s observation of IBC bringing in “Achche Din” was very interesting. I am grateful to Justice Ramana for making an uninteresting subject into an interesting one.”

Ms Ramana (wife of Justice NV Ramana) with MD, APN News Ms Rajshri Rai

Ms Ramana (wife of Justice NV Ramana) with MD, APN News Ms Rajshri Rai

The Technical Session started after tea break, the first being on Opportunities and challenges for IBC.

The speakers at the session were Mukulita Vijayawargiya, member (IBBI); VP Singh (NCLT member); Mohan Bhaskar Pantulu (NCLT member); TK Vishwanathan, former secretary general, Lok Sabha; and Somasekhar Sundaresan, advocate. Justice BR Gavai of the Bombay High Court will chair the panel

Speaking on the theme, VP Singh said: “Resolution of financial distress is an important part of the economy. There a need was felt for an insolvency resolution. Today many countries have insolvency resolution laws. IBC has created awareness about healthier lending. The success rate of cases related to IBC is quite high: around 40 per cent.”

He was followed by Mohan Bhaskar Pantulu (NCLT member) who said the NCLT “has good muscles but no teeth.” He said: “We should be given sufficient members. There should be security of tenure of NCLT members. The difficulties of the NCLT system must be projected to the govt. We should have the powers to penalise the culprits. Today the cases go in courts and it takes years.”

TK Viswanathan, who was part of the drafting of the IBC law and played an important role in framing the law, said: “The exercise in bringing a law on insolvency was not at all easy. There was a turf war from different ministries. We drafted the bill in Nov 2015 which was later passed by the parliament. Today the law has stood the test of time. It is a jewel in the statute books.”

“There is a dire need for insolvency and bankruptcy professionals. Then there are budgetary constraints, issues of infrastructure. I feel that IBC should not be justiciable. It is actually a creditors’ call.”

“However,” he said, “IBC has been working well. The Supreme Court has also endorsed it.”

“Today, sadly it is more or less dictated by NPAs and banks. Actually it concerns the credit market.”

“IBC is going through problem areas which are rather transient. Insolvency is a new area the law will attract the new generation with more and more professionals coming in.”

Mukulita Vijayawargiya, member (IBBI) noted: “IBC is a product of previous legislations and an end product of various committee resolutions in the sector. We need a different kind of procedural law to address IBC.”

“IBC is actually based on 3 Cs: Consolidation, Coordination and Compliance. This 3C formula has made the IBC successful. IBC is more a remedial law which focuses on resolution of insolvency issues.”

“Insolvency as an issue is nothing new. One can trace debt insolvency way back to Mahabharata when it was considered a stigma to be a debtor. That mindset continues even today.”

“The record of IBC is great and noteworthy. There are more than 2,000 professionals involved in the sector. As on March 31, around 18,000 cases were admitted. Around 1400 cases are ongoing, resolution has been done in around 90 cases, and in around 90 cases, the applications have been withdrawn. The IBC offers enough and sound flexibility  mechanism to exit.”

Somasekhar Sundaresan observed: “Section 29A has led to stigmatisation in IBC.  There should be prompt corrective resolution outside the IBC. The law should help us to take decisions.”

Justice BR Gavai of the Bombay High Court, who chaired the panel, said: “IBC has the potential to bring solace to creditors. It has considerably improved the way we do business in India and India today is admired the world over for the ease of doing business. The Leadership Conclave will go a long way in improving the way IBC functions.”

Resuming after a lunch break, the second part of technical session was on “Impact of IBC on business establishments and the real estate sector”.

The speakers at this session were: Ravi Kumar Duraisamy (member NCLT); Justice J Bharati Dangre of the Bombay High Court; Justice V. Nallasenapathy (member NCLT); Soli Cooper, advocate; OP Bhatt, director ONGC and chairman; Jana Kalyan Das, senior advocate; and former SCBA president PH Parekh. Justice Dangre is the chairperson of the session

Justice J Bharati Dangre of the Bombay High Court who chaired this session said: “Three years have passed since IBC was introduced in India. The scenario looks happy and the law has yielded results. However, some creases still need to be ironed out. It is good to see national law universities’ students at this gathering. After all they are the future judges of India. Real estate being the subject of this session is important. Many developments have taken place in this sector with the advent of RERA and the sector has gone through many ups and downs. It was in 2018 that the IBC brought in the homebuyer as a ‘financial creditor’ which is praiseworthy.’

OP Bhatt said: “There is nothing wrong is a business failing. Rather businesses should be allowed to fail fast and rise up once again. This is where the IBC comes in. IBC unifies laws and codes. Resolution is now faster, better. Things are moving fast and in the right direction. With IBC there is a realisation among businesses to stem things going wrong before they go out of hand.”

“However, there are issues. But now everybody is trying to make the system a little better. The law is good for the economy, business and banks. The future looks promising.”

Justice V Nallasenapathy (member NCLT) said: “One must remember that 80 to 90 per cent of individual insolvency cases are genuine. It is unfair to taint every business. Setting up a company is not that easy.”

“IBC is one of the celebrated laws in India. But there are issues like delay in settling cases, haircuts are tight, the wisdom of COC is debatable, the debate of Section 29A vs Section 12A.”

Jana Kalyan Das, senior advocate said: “IBC has shattered the myth that the Third world countries can’t enact any meaningful laws. IBC tries to not only cure the industry from sickness but also save it.”

“However, IBC is absolutely divested of stringent provisions unlike FEMA, PLMA and even GST. It is time certain offences must be made cognisable.”

“There is no special courts specified under IBA to deal with certain cases.”

Ravi Kumar Duraisamy (member NCLT) said: “It is to be seen whether the banks can accept any bidding value which is lesser than the market value of a distressed business. Opn auction as a possibility should be considered.”

PH Parekh said: “In our times a bankrupt business person/family was always considered rich. Because they escaped scrutiny by merely declaring themselves as bankrupt. It was very difficult to catch them ultimately.”

“The Judiciary must ensure that justice is done early in IBC cases.”

This session ended with a tea break and was followed by the Valedictory Session that was attended by Justice Nandrajog, Justice Ramana and senior advocate Janak Dwarka Das.

Janak Dwarka Das, senior advocate, said: “IBC has brought back money into the banking system. It is a game changer. Its principal objective is to revive and maximise the value of creditors. It is a creditor-driven legislation that puts a company back on its feet. The minute a petition is accepted under IBC, the management goes out and a resolution professional comes in. Creditors then decide the fate of a company either for revival or liquidation.”

“The current set of members of law tribunal are giving a different spin to the IBC which is good. The stress is on revival of a business unit. The intent is based on the premise that a business should survive, an asset is not lost and jobs are saved. I wish to thank NCLT for thinking along these lines.”

The most abiding debate as of now in IBC is Section 29A vs Section 12A.”

Justice Pradeep Nandrajog, Bombay High Court said: “IBC bypasses the high courts of the country. It was created to deal with insolvency and bankruptcy. However, there are issues: low visibility of plan sanctions by NCLT, timeframe for approvals is critical, clawing back assets in the absence of cross border insolvency is important, role of insolvency professions is an area that needs attention, it is generally seen that they lack the ability to comprehend hard core business issues, as they lack hands-on business experience, what they need is managerial experience, the 180-day waiting period is a double edged sword. It is seen that resolution process can extend beyond a year as seen in several western countries Issues which ultimately make a company bankrupt should be sorted out when they germinate.” 

Justice Ramana concluded the event, saying: “The conclave was successful, it was educating and benefitted all of us. I thank everyone for making this Conclave successful and meaningful.”

The Vote of Thanks was delivered by Badhwar.

India News

BJP and Shiv Sena reach broad seat-sharing deal ahead of BMC elections

BJP and Shiv Sena are close to finalising seat-sharing for 200 wards ahead of the BMC elections, while opposition parties intensify alliance talks across Maharashtra.

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BJP Shivsena

The BJP and Shiv Sena have almost sealed their seat-sharing arrangement for the upcoming Brihanmumbai Municipal Corporation (BMC) elections, with an understanding reached on 200 of the total 227 wards in Mumbai, according to sources. The civic body polls are scheduled to be held on January 15.

The agreement was discussed during a late-night meeting of the Mahayuti alliance, which includes the BJP, Shiv Sena and the Ajit Pawar-led NCP. The meeting took place at Maharashtra Chief Minister Eknath Shinde’s residence in Thane and focused on strategy for several key municipal corporations, including Thane, Kalyan-Dombivli and Navi Mumbai.

Sources said similar meetings are lined up for Mumbai and other civic bodies such as Chhatrapati Sambhaji Nagar, Panvel and Mira-Bhayandar, as alliance partners work to finalise ward-level arrangements and campaign planning.

Congress explores new alliances in Mumbai

In Mumbai, Congress leaders are scheduled to meet Prakash Ambedkar’s Vanchit Bahujan Aghadi as the party looks to rebuild its alliance structure after parting ways with the Shiv Sena (Uddhav Balasaheb Thackeray faction). The distancing followed Sena (UBT)’s decision to join hands with the Maharashtra Navnirman Sena led by Raj Thackeray.

Sena (UBT) MP Sanjay Raut has confirmed that the party will contest the BMC elections in alliance with the MNS and the NCP led by Sharad Pawar. The inclusion of the NCP (Sharad Pawar faction) comes after Sharad Pawar rejected a proposal from the Ajit Pawar-led faction that offered limited seat allocation.

Despite the split, sources indicated that discussions may continue, with meetings expected between Sharad Pawar’s daughter Supriya Sule and her cousin Ajit Pawar to determine future political moves.

Local body strategies take shape across Maharashtra

Meanwhile, MNS chief Raj Thackeray is set to hold a meeting with party leaders at his Shivtirth residence to finalise the party’s election strategy, including campaign issues and candidate selection.

In Chhatrapati Sambhaji Nagar, Shiv Sena MLA and minister Sanjay Shirsat will meet BJP leaders, including state ministers Chandrakant Bawankule and Atul Save, to discuss preparations for the civic polls.

Seat-sharing talks are also underway in Mira-Bhayandar, where Shiv Sena leader Pratap Sarnaik and BJP MLA Narendra Mehta are expected to hold discussions. The Ajit Pawar-led NCP, however, is planning to contest the elections independently in the region.

Panvel is set to witness a major opposition meeting involving Sena (UBT), Congress, MNS, NCP (SP), Samajwadi Party and the VBA. The gathering, led by the Peasants and Workers Party, will focus on finalising seat-sharing arrangements and joint election strategies.

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Op Aaghat 3.0: Delhi police arrest over 280 accused ahead of New Year celebrations

Delhi police arrested over 280 accused and detained more than 1,300 individuals under Operation Aaghat 3.0 ahead of New Year, seizing weapons, drugs, liquor and stolen items.

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Op Aaghat 3.0: Delhi police arrest over 280 accused ahead of New Year celebrations

Delhi police carried out a large-scale preventive crackdown across sensitive pockets of the national capital ahead of New Year, arresting hundreds of accused and detaining over a thousand individuals to ensure peaceful celebrations.

The overnight operation, conducted under Operation Aaghat 3.0, focused on crime-prone areas and resulted in major seizures, including illegal weapons, narcotics, illicit liquor, cash and stolen property, according to police officials.

Major arrests and seizures during the drive

As part of the intensified security drive, at least 285 accused were arrested under various legal provisions, including the Arms Act, Excise Act, NDPS Act and Gambling Act. In addition, 504 people were detained as a precautionary measure to prevent any untoward incidents during the festive period.

Police officials said the operation led to the recovery of 21 illegal weapons, including country-made pistols, along with 20 live cartridges and 27 knives. Authorities also seized over 12,000 quarters of illicit liquor, around Rs 2.5 lakh in cash, and nearly 7 kg of cannabis from different locations.

Focus on habitual offenders and vehicle theft

The crackdown also targeted repeat offenders. Under the operation, 116 habitual offenders, referred to by police as “bad characters,” were taken into custody, while 10 property offenders were arrested.

To curb vehicle-related crimes during New Year celebrations, police dismantled auto-lifting networks and arrested five auto-lifters. During the raids, 231 two-wheelers and one four-wheeler were seized.

Action against gambling and stolen goods

In a parallel action against gambling activities, police recovered Rs 2.3 lakh in cash. The operation also led to the recovery of about 210 stolen or lost mobile phones, offering relief to several complainants.

Apart from arrests and detentions, a total of 1,306 individuals were rounded up under preventive measures, officials added, stating that the coordinated effort was aimed at maintaining law and order and ensuring a crime-free New Year in the capital.

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Over 2,000 Maoists surrender under Chhattisgarh rehabilitation policy, says CM Vishnu Deo Sai

Chhattisgarh Chief Minister Vishnu Deo Sai said more than 2,000 Maoists have surrendered under the state’s rehabilitation policy, which offers skill training, financial assistance and land support.

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CM surrender Maoist

Chhattisgarh Chief Minister Vishnu Deo Sai on Friday said that more than 2,000 Maoists have surrendered so far under the state’s rehabilitation policy, asserting that the government is committed to treating surrendered cadres fairly and supporting their reintegration into society.

Addressing the issue, the Chief Minister said the state government has repeatedly appealed to Maoists to abandon violence and gunfire and return to the mainstream of development. He said the impact of these efforts is now visible, with a large number of cadres laying down arms.

According to Vishnu Deo Sai, the rehabilitation framework focuses on long-term welfare. Surrendered Maoists are being provided skill training along with monthly financial assistance of Rs 10,000. He added that the new policy also includes provisions for allotment of land for farming and land to build houses in urban areas, aimed at securing their future and livelihood.

Fresh surrenders reported from Bijapur

Earlier, 34 Naxals surrendered in Chhattisgarh’s Bijapur district under the state government’s rehabilitation initiative titled Poona Margham: Punarvas Se Punarjeevan (Return to the Mainstream: Social Reintegration through Rehabilitation). Police officials said the surrendered cadres were carrying a cumulative reward of Rs 84 lakh.

Officials noted that the latest surrenders reflect the growing impact of sustained anti-Naxal measures combined with confidence-building initiatives focused on welfare and reintegration.

Centre’s target to eliminate Naxalism by March 2026

The Chief Minister’s remarks come amid the Central Government’s stated goal to eradicate Naxalism from the country by March 2026 under the leadership of Prime Minister Narendra Modi. Authorities believe that rehabilitation-driven policies, along with security operations, are playing a key role in weakening the influence of Left-wing extremism in affected regions.

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