In the Indian market, there is an increasing trend for private equity investors to get a nominee director on the board seat of the company they are investing in, along with another set of negotiated control and voting rights. While this safeguards their investment, it also increases the risk incurred by the private equity investor if the company gets admitted to the CIRP. In this podcast, Sach Chabria highlights the risks to the investors due to the wide scope of section 66 of the Insolvency and Bankruptcy Code 2016, as well as point out possible safeguards that may be taken to counter this.

Welcome to the Insolvency and Bankruptcy podcast of Nishith Desai Associates. In this podcast, Sahil Kanuga talks about a recent pronouncement of the Supreme Court in Mahendra Kumar Jajodia v. State Bank of India providing clarity on the right of creditors to initiate insolvency resolution process against personal guarantors of the principal borrower; and timing and jurisdiction to exercise such a right.

Welcome to the Insolvency and Bankruptcy podcast of Nishith Desai Associates. In this podcast, Sahil Kanuga talks about the order of the Supreme Court in Vallal RCK v. M/s. Siva Industries & Anr. where the Supreme Court has once again given precedence to the commercial wisdom of the committee of creditors.