ARTICLES

The team at Saraf and Partners express their individual perspectives regarding the Union Budget 2024.

An article titled, ‘Snapshot of Fractional Ownership Platforms’ authored by Firm’s Banking & Finance Partner, Abir Lal Dey and Associate, Pranay Bhattacharya published by Legal Era. https://www.legaleraonline.com/corporate-law/snapshot-of-fractional-ownership-platforms-914804

An article titled, ‘Future Of AI: Legal Challenges In The Era Of Digital Personal Data Protection Act, 2023’ authored by Firm’s Personal Data Protection and Competition Laws, Partner, Akshayy S Nanda published by CNN-News18.   https://www.news18.com/business/personal-digital-data-protection-act-2023-artificial-intelligence-ai-8943090.html

An article titled, ‘AI empowers healthcare with revolutionary tools: How to navigate risks, rewards of AI in medical diagnosis’ authored by Partner, Akshay Jain, Principal Associate, Gangesh Varma and Associate, Yaqoob Alam published by ETGovernment.   https://government.economictimes.indiatimes.com/news/healthcare/ai-empowers-healthcare-with-revolutionary-tools-how-to-navigate-risks-rewards-of-ai-in-medical-diagnosis/111299765

An article titled, ‘The Impact of the DPDP Act, 2023 on the Healthcare Industry: A Detailed Exploration’ authored by Firm’s Personal Data Protection and Competition Laws, Partner, Akshayy S Nanda published by ETLegalWorld.   https://legal.economictimes.indiatimes.com/news/opinions/the-impact-of-the-digital-personal-data-protection-act-2023-on-the-healthcare-industry-a-detailed-exploration/111160358  

An article titled, ‘The Ultra-Vires Challenge: Scrutinising SEBI’s Financial Disincentive Circular‘ authored by Partner, Abhiraj Arora and Associate, Deepanshu Agarwal published by BW Legal World.   https://bwlegalworld.com/article/the-ultra-vires-challenge-scrutinising-sebis-financial-disincentive-circular-523799  

An article titled, ‘Legal Turbulence: Court Upholds Lessors’ Rights in GoAir Deregistration Case’ contributed by Firm’s Senior Partner, Manmeet Singh and Associate, Anshika Chadha published in the 5th edition N°2 of The Legal Industry Reviews.  

An article titled, ‘SEBI’s power to attach bank accounts: Balancing regulation and fairness’ authored by Partner, Abhiraj Arora and Associate, Deepanshu Agarwal published by the following publications: Economic Times Government Economic Times BFSI

An article titled, ‘From Crisis to Control: How the Digital Personal Data Protection Law Curbs Data Breaches’ authored by Personal Data Protection and Competition Laws, Partner, Akshayy S Nanda published by MediaNama. From Crisis to Control: How the Digital Personal Data Protection Law Curbs Data Breaches  

An article titled, ‘Battle against spam calls: Critical appraisal of existing regulatory approaches’ authored by Principal Associate, Gangesh Varma and Associate, Yaqoob Alam published by ETGovernment.   https://government.economictimes.indiatimes.com/blog/battle-against-spam-calls-critical-appraisal-of-existing-regulatory-approaches/110182103

An article titled, ‘Arbitrator’s Discretion: Balancing Contractual Provisions With Justice’ authored by Principal Associate, Aditya Vikram Singh and Associate, Shreya Chandhok published by GNLU SRDC-ADR Magazine May 2024 Edition.  

An article titled, ‘The endless journey of Personal Data Protection Compliance’ authored by Partner, Akshayy S Nanda published by Yourstory. The endless journey of Personal Data Protection Compliance | YourStory    

An article titled, ‘Need for a Clear Mechanism for Imposing Penalties in the Securities Market’ authored by Partner, Abhiraj Arora and Associate, Deepanshu Agarwal published by ETLegalWorld.   SEBI: Need for a Clear Mechanism for Imposing Penalties in the Securities Market, ET LegalWorld (indiatimes.com)      

An article titled, ‘Transfer of ongoing Real Estate projects: Legal and regulatory aspects’ authored by Principal Associate, Vikram Gupta and Associate, Jahnvi Singh Yadav published by ET Government. https://government.economictimes.indiatimes.com/blog/transfer-of-ongoing-real-estate-projects-legal-and-regulatory-aspects/109448519  

An article titled, ‘MeitY advisory for Gen AI regulation: Challenges & approaches in fostering tech progress, social welfare’ authored by Partner, Akshay Jain, Principal Associate, Gangesh Varma and Associate, Aryan Yashpal published by ET Government.   https://government.economictimes.indiatimes.com/blog/meity-advisory-for-gen-ai-regulation-challenges-approaches-in-fostering-tech-progress-social-welfare/109448133  

Our Associate, Vasu Manchanda authored an article titled, ‘Sustainable Corporate Governance”,published by the Routledge Taylor & Francis Group, a leading British Commercial Publishing Group, in a book titled ‘Sustainability in Public Procurement, Corporate Law and Higher Education”, edited by Ms. Lela Mélon, Director of Masters in European and Global Law at the Universitat Pompeu Fabra,…

Our Partner, Dhruv Chatterjee authored an article titled, “Fractional ownership of real estate assets through SM REITs”, published by ET Realty. Read the full article here👉 https://realty.economictimes.indiatimes.com/blog/fractional-ownership-of-real-estate-assets-through-sm-reits/108573993

Our Principal Associate, Aditya Vikram Singh and Associate, Anmol Gupta  authored an article titled, ‘Interplay of Insolvency Code and Arbitration Act – The Legal Conundrum emanating from Indus Biotech’, published in Volume VI of The Indian Arbitration Law Review, NLIU Bhopal. Read the full article here👉 https://www.sarafpartners.com/wp-content/uploads/2024/03/Publication-IALR.pdf  

Our Competition & Data Privacy Partner, Akshayy S Nanda authored an article titled, “Chaos to compliance: Data mapping critical for compliance with Digital Personal Data Protection Act, 2023”, published by Economic Times. Read the full article here👉 https://government.economictimes.indiatimes.com/amp/blog/chaos-to-compliance-data-mapping-critical-for-compliance-with-digital-personal-data-protection-act-2023/108252474

Our Principal Associate, Swetha Shankaran, and Associate, Sakshi Saraogi authored an article titled, ‘During Pendency of Liquidation Application, NCLT Kolkata directs CoC to Re-Vote on Promoter’s Rejected Resolution Plan since Plan Value has been Increased’, published by Live Law. Read the full article here👉 https://www.livelaw.in/ibc-cases/during-pendency-of-liquidation-application-nclt-kolkata-directs-coc-to-re-vote-on-promoters-rejected-resolution-plan-since-plan-value-has-been-increased-250183  

Our Associate, Yaqoob Alam authored an article titled, “Money, Power, Politics and Electoral Bonds: Supreme Court Preserves Sanctity of Electoral Process”, published by The Wire Read the full article here👉https://thewire.in/politics/money-power-politics-and-electoral-bonds-supreme-court-preserves-sanctity-of-electoral-process

Our Competition & Data Privacy Partner, Akshayy S Nanda authored an article titled, “Why exempting startups from the personal data protection law may hurt more than help”, published by VCCircle. Read the full article here👉https://www.vccircle.com/whyexempting-startups-from-the-personal-data-protection-law-may-hurt-more-than-help

Our Competition & Data Privacy Partner, Akshayy S Nanda authored an article titled, “Children’s Personal Data and Compliance with Digital Personal Data Protection Act, 2023: Not a Child’s Play”, published by Economic Times. Read the full article here👉 https://government.economictimes.indiatimes.com/blog/childrens-personal-data-and-compliance-with-digital-personal-data-protection-act-2023-not-a-childs-play/107525926

Our Competition & Data Protection Partner, Akshayy S Nanda authored an article titled, “Pioneering Privacy: Understanding the Essence and Impact of Privacy by Design”, published by MediaNama. Read the full article here👉 https://www.medianama.com/2024/02/223-dpdp-act-understanding-privacy-by-design/

Our Principal Associate, Anupm Prakash, and Associate, Kirti Talreja authored an article titled, ‘Late Claims In Liquidation: Analysing The Judicial Divergence’, published by Live Law. Read the full article here👉 https://www.livelaw.in/law-firms/law-firm-articles-/liquidation-nclt-insolvency-and-bankruptcy-code-liquidator-saraf-and-partners-law-offices-248670  

Our Senior Associate, Naman Kamdar, and Associate, Naman Jain authored an article titled, ‘Resolution Plan Approval and Belated Claims: Never Ending Process?’, published by Legal Era. Read the full article here👉https://www.legaleraonline.com/articles/ibc/resolution-plan-approval-and-belated-claims-never-ending-process-893278?infinitescroll=1  

Our Principal Associate, Palash Agarwal, and Associate, Bhawana Sharma authored an article titled, ‘Dissenting financial creditors: their entitlement to security interest during the resolution process’, published by Taxmann. Read the full article here👉 https://www.taxmann.com/research/ibc/top-story/105010000000023682/dissenting-financial-creditors-their-entitlement-to-security-interest-during-the-resolution-process-experts-opinion  

Our Senior Associate, Shriraj Khambete, and Associate, Naman Jain authored an article titled, ‘Set-Offs During CIRP: Scope and Applicability’, published by BW Legal World. Read the full article here👉 https://bwlegalworld.businessworld.in/article/Set-Offs-During-CIRP-Scope-And-Applicability/25-01-2024-507626/  

Our Banking and Finance Partner, Abir Lal Dey, and Associates Arnav Sinha and Ananya Ghosh, authored an article titled, ‘First Loss Default Guarantee: Financial  Inclusion Through Digital Lending?’, published in Volume XI, Issue I of Scholasticus, the Journal of Centre for Studies in Banking and Finance, National Law University – Jodhpur.   Read the full…

Our Principal Associate, Aditya Vikram Singh, and Associate Shreya Chandhok authored an article titled, ‘Unveiling the Legal Tapestry on “claiming through or under”: An analysis of the Group of Companies Doctrine in the Indian Context’, published by BW Legal World. Read the full article here👉 https://bwlegalworld.businessworld.in/amp/article/Unveiling-The-Legal-Tapestry-On-Claiming-Through-Or-Under-An-Analysis-Of-The-Group-Of-Companies-Doctrine-In-The-Indian-Context/02-01-2024-504328/

Our Competition & Data Protection Partner, Akshayy S Nanda authored an article titled, “Data Privacy: An Important Non Price Parameter of Competition and A Competitive Advantage for Businesses”, published by BW Legal World. Read the full article here👉 https://bwlegalworld.businessworld.in/article/Data-Privacy-An-Important-Non-Price-Parameter-Of-Competition-And-A-Competitive-Advantage-For-Businesses/27-12-2023-503616/

Our Competition & Data Protection Partner, Akshayy S Nanda authored an article titled, “Personal data protection and information security are different concepts”, published by Moneycontrol. Read the full article here👉 https://www.moneycontrol.com/news/opinion/personal-data-protection-and-information-security-are-different-concepts-11833961.html

Founder & Managing Partner, Mohit Saraf, who also serves as the Co-Chair of FICCI’s Private Equity and Venture Capital Committee along with Partners, Ramya Suresh and Dhruv Chatterjee, authored an article titled, ‘To Regulate or not to Regulate: Finfluencers’ as part of The Experts’ Voice, a compendium of articles contributed by members of FICCI’s National Committee on Capital Markets.  …

Game Changer for Resolving Bad Loans” by Bikash Jhawar published on Business Standard Read Full Article Here:            

Our Firm’s Senior Partner, Vaibhav Kakkar reflects on his journey at National Law University, Jodhpur as the alumnus of the founding batch of the institution in an interactive Q&A session with BW Legal World, published in the July edition of BW Businessworld. Read Full Article Here https://www.sarafpartners.com/wp-content/uploads/2023/09/Vaibhav-Kakkar-BW-Businessworld.pdf  

‘Does the move to tax virtual digital assets signal the advent of cryptocurrency regulation in India?’ authored by Principal Associate, Gangesh Sreekumar Varma and Associate, Vishal V, published on Scroll.   Read Full Article Here Is taxation of virtual digital assets the advent of cryptocurrency regulation in India? (scroll.in)  

Vijay Madanlal Chaudhry V. Union Of India – A Case Fit For Review?‘ authored by Partner, Sanjeev Sharma, Principal Associate, Sanya Sud and Associate, Siddharth Jain published on Live Law. https://www.livelaw.in/law-firms/law-firm-articles-/vijay-madanlal-chaudhry-union-of-india-enforcement-case-information-report-review-petition-208499

Amended LODR Regulations: Has SEBI cast its net too wide?’ authored by Senior Partner, Vaibhav Kakkar and Associate, Anuj Garg published by Money Control on July 4, 2023. Read Full Article Here: https://www.moneycontrol.com/news/opinion/amended-lodr-regulations-has-sebi-cast-its-net-too-wide-10901331.html

Partner, Abir Lal Dey shares his views on the financial market trends, his journey in law and much more in an exclusive interview with BW Legal World’s Managing Editor, Ashima Ohri published on BW Legal World on February 23, 2022. There Is An Increase In Structured Financing Application Of Fintech And Data Privacy Laws In The Financial Sector In Conversation With Abir Lal Dey…

Firm’s Principal Associate, and AOR, Supreme Court of India, Sanya Sud, shares her legal journey, her mentor’s guidance, and the importance of AI in law during an exclusive talk with BW Legal World. Read the full conversation below: https://bwlegalworld.businessworld.in/article/In-Conversation-With-Sanya-Sud-Principal-Associate-Saraf-Partners-BW-Legal-World-30-Under-30/03-08-2023-486506/

Firm’s Corporate practice Partner, Nipun Vaid shared her thoughts on women participation in the legal fraternity and her journey as a lawyer in the latest issue of The Corporate and Regulatory Affairs (CRA) E-Bulletin published by ASSOCHAM (The Associated Chambers of Commerce and Industry of India). CRA E-Bulletin

Co-authored by Policy and Technology practice Senior Associate, Gangesh Varma and Dr. Mansi Kedia from the Indian Council for Research on International Economic Relations, published in Centre for Communication Governance’s edited volume titled Emerging Trends in Data Governance.   CCG_EditedVolume_Emerging Trends in Data Governance_Gangesh Varma

“The Apex Court in Vidarbha noted that the Code does not countenance dishonesty or deliberate failure to repay the dues of an operational creditor. However, it remains to be seen if the different standards for financial creditors held in Vidarbha would increase the risk of such failure or dishonesty being countenanced on the part of financial creditors.” Access the…

An article titled, ‘Bank’s Foray Into Start-Ups Through Alternative Investment Funds Route’ authored by Partner, Abir Lal Dey, published on RGNUL Student research Review (RSRR). Bank’s Foray Into Start-Ups Through Alternative Investment Funds Route – Rgnul Student Research Review (RSRR)

An article titled, ‘Does the move to tax virtual digital assets signal the advent of cryptocurrency regulation in India?’ authored by Senior Associate, Gangesh Sreekumar Varma and Associate, Vishal V, published on Scroll. Is taxation of virtual digital assets the advent of cryptocurrency regulation in India? (scroll.in)

An article titled, “Tax Claims Outside Resolution Plan – A Pandora’s Box Without a Key” authored by Partner, Lokesh Shah and Associates, Avinash Chandra and Saksham Shrivastav, published in Taxsutra. Add PDF titled: Tax Claims Outside Resolution Plan – A Pandora’s Box Without a Key