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.
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.”
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
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.”
PM Modi’s Indonesia visit to boost defence, digital and strategic partnership
Prime Minister Narendra Modi’s Indonesia visit is expected to strengthen bilateral ties through new initiatives in defence, digital infrastructure, maritime security, trade and critical minerals.
Prime Minister Narendra Modi’s upcoming visit to Indonesia is expected to give fresh momentum to the growing strategic partnership between the two countries, with discussions likely to cover defence cooperation, maritime security, digital connectivity, trade, critical minerals and several other sectors.
India’s Ambassador to Indonesia, Sandeep Chakravorty, said the relationship between New Delhi and Jakarta has entered a stronger phase following Indonesian President Prabowo Subianto’s visit to India as the Chief Guest for the Republic Day celebrations last year. He said the Prime Minister’s visit is expected to further strengthen this trajectory through a series of new understandings and agreements.
Defence and maritime cooperation likely to receive major push
According to the ambassador, defence and maritime security will remain key pillars of the discussions during the visit.
He highlighted Indonesia’s strategic location along the Malacca Strait, describing secure sea lanes as vital for both countries and the wider Indo-Pacific region. He stressed that uninterrupted maritime connectivity remains essential for global trade and regional stability.
Without revealing specific details, Chakravorty indicated that the visit could produce significant outcomes in defence cooperation, saying several important announcements are expected.
‘BrahMos Plus’ hints at broader defence partnership
The ambassador also suggested that defence ties between India and Indonesia are moving beyond discussions centred on the BrahMos supersonic cruise missile.
Responding to a question about future cooperation, he remarked that the next phase would be “BrahMos Plus,” while refraining from providing further details.
He said future collaboration is expected to focus on defence manufacturing, technology partnerships, training and capacity building. India, he noted, has emerged as an important exporter of defence equipment and could support Indonesia’s efforts to strengthen its domestic defence manufacturing capabilities.
Military cooperation is also expanding, with India set to participate with troops for the first time in the multinational Garuda Shield military exercise after previously attending as an observer.
Digital connectivity and UPI integration gain momentum
Digital cooperation is expected to be another major highlight of the visit.
The ambassador said Indonesia is preparing to launch its Open Network for Digital Commerce (ONDC)-inspired platform during Prime Minister Modi’s visit, making it the fastest international adopter of India’s digital public infrastructure model.
The initiative is expected to support nearly 65 million micro, small and medium enterprises (MSMEs) in Indonesia by creating a more open digital commerce ecosystem.
Chakravorty also said discussions on integrating India’s Unified Payments Interface (UPI) with Indonesia’s payment systems have reached an advanced stage.
While technical integration remains complex due to Indonesia’s multiple payment-switch networks, he expressed confidence that progress would continue and the Prime Minister’s visit could accelerate the process.
Critical minerals and investment to feature prominently
Critical minerals are also expected to be a major area of cooperation as both countries look to strengthen supply chains for clean energy technologies and electric vehicle manufacturing.
Indonesia possesses significant reserves of nickel and other strategic minerals, while India is seeking reliable supplies to support its manufacturing ambitions.
The ambassador said India plans to invest in processing critical minerals within Indonesia rather than importing only raw materials. He added that such investments would support industrial development in both countries while contributing to India’s self-reliance goals.
Cultural ties to be highlighted
Apart from strategic and economic cooperation, the visit is also expected to showcase the longstanding cultural relationship between India and Indonesia.
Both countries will launch a 15-month programme commemorating Rabindranath Tagore’s 1927 visit to Indonesia, recognising his influence on the country’s educational and cultural landscape.
Prime Minister Modi is also expected to visit Yogyakarta, a city known for its historic temples, reflecting the deep civilisational links shared by the two nations.
With cooperation expanding across defence, digital infrastructure, trade and critical minerals, the visit is expected to mark another important step in strengthening the India-Indonesia strategic partnership and advancing cooperation in the Indo-Pacific region.
The Shri Ram Janmabhoomi Teerth Kshetra Trust has accepted Champat Rai’s resignation as General Secretary following the donation theft controversy, with Bajrang Bagra emerging as a leading contender for the post.
The Shri Ram Janmabhoomi Teerth Kshetra Trust has accepted the resignation of its General Secretary, Champat Rai, following the controversy surrounding the alleged theft of cash donations at the Ram Temple in Ayodhya.
According to sources, Bajrang Bagra has emerged as one of the leading contenders for the post. Bagra currently serves as the International General Secretary of the Vishwa Hindu Parishad (VHP). A chartered accountant by profession and a former head of PSU NALCO, he is considered to have the administrative and financial expertise required as the Trust moves into its next phase.
Sources indicated that the Trust is looking to appoint someone with strong experience in governance, finance and institutional administration to strengthen its functioning.
Although Champat Rai has stepped down as General Secretary, sources said he is expected to continue as a trustee unless he decides otherwise.
Decision on successor may come after VHP executive meeting
The appointment of the next General Secretary is unlikely to be announced immediately. The VHP’s biannual national executive meeting is scheduled to take place in Delhi on July 19 and 20, where several organisational decisions, including transfers and appointments, are expected to be discussed.
Champat Rai and trustee Anil Mishra had submitted their resignations after Uttar Pradesh Chief Minister Yogi Adityanath reportedly took a firm stand on the alleged donation theft. Their resignations came after the Special Investigating Team (SIT) submitted its preliminary findings into the case.
Donation theft investigation
According to the preliminary investigation, temple staff responsible for counting cash donations allegedly siphoned off money despite CCTV cameras being installed at the counting centre. The report stated that the footage was not monitored regularly, allowing the alleged theft to continue. Reports suggest that around Rs 7 crore to Rs 7.5 crore may be missing.
So far, eight people have been arrested in connection with the case. Among them is Ram Shankar Yadav, also known as Tinnu Yadav, who worked as Champat Rai’s driver.
Sources said Champat Rai has told his close associates that Tinnu Yadav played the central role in the alleged fraud and misused the trust placed in him. According to the sources, Rai also claimed that when Yadav feared he would be caught, he leaked information to a Samajwadi Party leader.
The other accused arrested in the case are Avinash Shukla, Anukalp Mishra, Lav Kush Mishra, Manish Kumar Yadav, Karunesh Pandey, Ramashankar Mishra and Subhash Srivastava.
WhatsApp gets more time to respond on username feature, rollout in India put on hold
WhatsApp has been granted more time to respond to the government’s concerns over its username feature and has assured that it will not launch the feature in India until discussions are completed.
Meta assures the government that the feature will not be introduced in India until ongoing consultations are completed.
Meta-owned WhatsApp has been granted an extension to submit its response to the Centre regarding its proposed username feature, while assuring the government that it will not roll out the feature in India until discussions on the matter are concluded.
According to sources, the government has allowed WhatsApp three additional days to file its response after the company sought more time. The original deadline for the reply was Friday.
The proposed username feature would allow users to connect with others without revealing their phone numbers, a move that has raised concerns within the government over its potential impact on cyber safety.
Last week, the Centre issued a notice to Meta questioning the feature, expressing concerns that it could increase online fraud, phishing attempts, impersonation, and so-called “digital arrest” scams. The government also directed the company to pause the rollout until consultations are completed to its satisfaction.
Sources said representatives from Meta met officials from the Ministry of Electronics and Information Technology (MeitY) on Friday following the issuance of the notice. During the discussions, WhatsApp reportedly assured authorities that the feature would not be introduced in India before the consultation process is completed.
The government has also asked Meta to explain why action should not be initiated under the Information Technology Act and the relevant rules if the proposed feature is found to compromise user safety. It reminded the company that WhatsApp, as a significant social media intermediary, must comply with due diligence obligations under Indian law.
A WhatsApp spokesperson had earlier clarified that the username feature is not yet live and is expected to be introduced gradually later this year.
The company said it has built several safeguards into the feature to prevent impersonation. According to WhatsApp, usernames of public figures, government entities, celebrities, and verified Meta accounts have been reserved so that they can only be claimed by their legitimate owners. It also said lookalike variations of such usernames are being restricted.
WhatsApp also clarified that users will still need a phone number to create and use a WhatsApp account. The username feature is intended only as an alternative way for people to connect.
The company added that users would need to know another person’s exact username before initiating contact. It also plans to limit how many new users an account can message, prevent repeated attempts to guess usernames, and use automated systems to detect impersonation and abusive behaviour.
To help users identify unfamiliar contacts, WhatsApp said it will display contextual information whenever someone sends a message through a username for the first time. Users will be informed whether the sender is a new account, an existing contact, someone who shares a mutual group, or a person located in another country before deciding whether to respond.
Following its notice to WhatsApp, the IT Ministry also issued notices to Telegram and Signal, seeking details on how their existing username-based systems address concerns related to fraud and impersonation. While WhatsApp has around 500 million users in India, Telegram has a significantly smaller user base.
In recent days, Meta and Telegram have also come under regulatory scrutiny on separate issues. The government recently issued a notice to Meta regarding child sexual abuse material appearing in Instagram advertisements, while Telegram was directed to strengthen action against the circulation of pirated films, OTT content, and other copyrighted audio-visual material on its platform.
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