Abstract

This paper examines the ongoing developments between insolvency proceedings and mergers and acquisitions (M&A) matters in India through the lens of the Insolvency and Bankruptcy Code, 2016 (IBC). An analysis of mergers with distressed companies focuses on Section 14 moratorium provisions under the Insolvency and Bankruptcy Code, 2016 and demonstrates increasing trends of insolvency-driven M&A deals. During the analysis the report examines the operational role of three major institutions: National Company Law Tribunal (NCLT) combined with National Company Law Appellate Tribunal (NCLAT) and Committee of Creditors (CoC) their part in shaping resolution approaches. The paper places special emphasis on the "Clean Slate Doctrine" that enables resolution applicants to obtain freed enterprises from past liabilities but also examines its impact on creditor protection. The paper evaluates the contradictions that arise between the IBC and the Companies Act of 2013 about valuations and ownership rights along with procedural procedures. Judicial decisions with case examples demonstrate that there exist both implementation challenges and unclear legal provisions. The research suggests creating uniform legal rules while implementing quick managerial approval procedures and implementing the UNCITRAL Model Law as an international standard for foreign bankruptcies. The paper finalizes its argument with strategic and policy and legal suggestions to improve insolvent business transactions as a restructuring instrument throughout India's corporate sector.

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