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Monark Gahlot

Partner in the Disputes Resolution Practice at the Ahmedabad office of Cyril Amarchand Mangaldas. Monark focuses on disputes in relation to debt recovery proceedings, corporate & commercial litigation, criminal matters and arbitration proceedings. He can be reached at monark.gahlot@cyrilshroff.com

Dual Frameworks, Dual Obligations: MSME Restructuring under RBI Framework versus Enforcement under SARFAESI Act

Summary: The RBI’s MSME restructuring framework encourages early intervention and collaborative revival, while the SARFAESI Act enables swift creditor enforcement. Courts have clarified that MSMEs must proactively invoke restructuring protections before SARFAESI proceedings begin. The dual frameworks highlight the need for timely borrower action and balanced lender discretion to ensure rehabilitation is not sidelined by enforcement.Continue Reading Dual Frameworks, Dual Obligations: MSME Restructuring under RBI Framework versus Enforcement under SARFAESI Act

Liquidation Process

Introduction

The Insolvency and Bankruptcy Code, 2016 (“IBC”), an umbrella legislation, has successfully envisaged the process of speedy resolution or liquidation of a corporate entity and has proved to be a milestone in the Indian legal framework. By bringing IBC in force, the legislature has sought to maximise the value of the assets of the debtor, and to adopt a fair and transparent procedure for the disposition of the assets while balancing the interests of all stakeholders.Continue Reading Enforcement directorate under PMLA can no longer attach assets once liquidation process has been initiated under IBC