Home >Articles & Publications>Article>When insolvency is not a shortcut

When insolvency is not a shortcut

A wooden judge’s gavel placed on a courtroom table with three professionals in suits discussing legal documents in the background.

The article discusses the misuse of insolvency proceedings as a pressure tactic in commercial disputes, particularly those involving warranty claims. The NCLAT ruling clarifies that such disputes should be resolved through contractual mechanisms, not insolvency. This decision protects businesses from undue pressure, restores balance in negotiations, and aims to enhance investor confidence by preventing misuse of insolvency laws.

Please click here to read the full article by Dheeraj Nair, Partner, Vishrutyi Sahni, Partner, and Muskaan Gupta, Associate, published in Hindustan Times.

POST TAGS

Tags Commercial Disputes India, Contractual Dispute Resolution, Corporate Insolvency India, Dheeraj Nair JSA, Hindustan Times, IBC Misuse India, Insolvency and Bankruptcy Code, Insolvency Law India, Insolvency Proceedings India, Investor Confidence India, JSA Advocates and Solicitors, NCLAT Ruling India, NCLT India, Vishrutyi Sahni JSA, Warranty Claims India

Dheeraj Nair Partner

Dheeraj is a Partner with JSA since 2009. Dheeraj has over two decades of experience advising and representing clients on complex arbitrations, litigations and regulatory proceedings.

Vishrutyi Sahni Partner

Vishrutyi Sahni is a Partner in the Disputes practice at JSA with a strong focused on complex commercial disputes at the intersection of insolvency, restructuring, arbitration, technology and platform regulation across multi-agency enforcement.