Shalin Ghosh
Member at CIFL: Centre for Insolvency and Financial Laws- Claim this Profile
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English Full professional proficiency
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Hindi Native or bilingual proficiency
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Bengali Native or bilingual proficiency
Topline Score
Bio
Experience
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CIFL: Centre for Insolvency and Financial Laws
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India
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Legal Services
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1 - 100 Employee
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Member
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Oct 2022 - Present
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MZM Legal LLP
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India
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Legal Services
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1 - 100 Employee
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Legal Intern
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Jul 2023 - Jul 2023
• Researched on whether foreign law can govern an arbitration agreement between Indian companies. • Researched on the system of law governing an arbitration agreement in the absence of an express agreement between the parties. • Researched on the proposition that in case the law is not explicitly stated, then the implied choice of law governing the arbitration agreement is the law of the main contract. • Researched on the proposition that an assignment of a contract… Show more • Researched on whether foreign law can govern an arbitration agreement between Indian companies. • Researched on the system of law governing an arbitration agreement in the absence of an express agreement between the parties. • Researched on the proposition that in case the law is not explicitly stated, then the implied choice of law governing the arbitration agreement is the law of the main contract. • Researched on the proposition that an assignment of a contract containing an arbitration agreement binds the assignee to the consequent arbitration proceedings. • Researched on the invocation of the right to lien and detention by a freight forwarder. • Researched on whether arbitration proceedings can be invoked when a case is sub-judice before NCLT/NCLAT with respect to the same subject matter. • Prepared a detailed note on the various compliances and procedures to be followed by an Indian company seeking to register its trademark in countries like the U.S., U.K., Netherlands among others. • Prepared a detailed note on the procedure pertaining to conducting an investigation in foreign countries under S. 166-A of the CrPc and the guidelines governing the issuance of Letter Rogatory for the same. Show less • Researched on whether foreign law can govern an arbitration agreement between Indian companies. • Researched on the system of law governing an arbitration agreement in the absence of an express agreement between the parties. • Researched on the proposition that in case the law is not explicitly stated, then the implied choice of law governing the arbitration agreement is the law of the main contract. • Researched on the proposition that an assignment of a contract… Show more • Researched on whether foreign law can govern an arbitration agreement between Indian companies. • Researched on the system of law governing an arbitration agreement in the absence of an express agreement between the parties. • Researched on the proposition that in case the law is not explicitly stated, then the implied choice of law governing the arbitration agreement is the law of the main contract. • Researched on the proposition that an assignment of a contract containing an arbitration agreement binds the assignee to the consequent arbitration proceedings. • Researched on the invocation of the right to lien and detention by a freight forwarder. • Researched on whether arbitration proceedings can be invoked when a case is sub-judice before NCLT/NCLAT with respect to the same subject matter. • Prepared a detailed note on the various compliances and procedures to be followed by an Indian company seeking to register its trademark in countries like the U.S., U.K., Netherlands among others. • Prepared a detailed note on the procedure pertaining to conducting an investigation in foreign countries under S. 166-A of the CrPc and the guidelines governing the issuance of Letter Rogatory for the same. Show less
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Chambers of Ms. Ankita Singhania
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Mumbai, Maharashtra, India
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Legal Intern
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Dec 2022 - Jan 2023
• Prepared a note on the RP's power to issue a second Request for Proposal (RFP) in case no resolutions plans are received for the corporate debtor. • Prepared a note on the favourability of a takeover of an entire company as a going concern rather than a piecemeal resolution to secure a sustainable revival under the IBC. • Researched on the power of a debenture holder, vis-à-vis that of a debenture trustee, to initiate legal action under IBC and SARFAESI in the event of a default… Show more • Prepared a note on the RP's power to issue a second Request for Proposal (RFP) in case no resolutions plans are received for the corporate debtor. • Prepared a note on the favourability of a takeover of an entire company as a going concern rather than a piecemeal resolution to secure a sustainable revival under the IBC. • Researched on the power of a debenture holder, vis-à-vis that of a debenture trustee, to initiate legal action under IBC and SARFAESI in the event of a default of debt. • Researched on the eligibility of a creditor to file for claims after the appointment of an Official Assignee under the Presidency Towns Insolvency Act, 1909. • Researched on whether a failure to provide an exit option under a share holder's agreement constitutes a 'financial debt' under IBC. • Researched on whether the doctrine of res judicata will bar a creditor from filing a fresh CIRP application if the earlier one was withdrawn before admission. • Researched on the effect of absence of certification on the evidentiary value of a document with respect to S. 2 and S. 4 of the Bankers Book Evidence Act, 1891. Show less • Prepared a note on the RP's power to issue a second Request for Proposal (RFP) in case no resolutions plans are received for the corporate debtor. • Prepared a note on the favourability of a takeover of an entire company as a going concern rather than a piecemeal resolution to secure a sustainable revival under the IBC. • Researched on the power of a debenture holder, vis-à-vis that of a debenture trustee, to initiate legal action under IBC and SARFAESI in the event of a default… Show more • Prepared a note on the RP's power to issue a second Request for Proposal (RFP) in case no resolutions plans are received for the corporate debtor. • Prepared a note on the favourability of a takeover of an entire company as a going concern rather than a piecemeal resolution to secure a sustainable revival under the IBC. • Researched on the power of a debenture holder, vis-à-vis that of a debenture trustee, to initiate legal action under IBC and SARFAESI in the event of a default of debt. • Researched on the eligibility of a creditor to file for claims after the appointment of an Official Assignee under the Presidency Towns Insolvency Act, 1909. • Researched on whether a failure to provide an exit option under a share holder's agreement constitutes a 'financial debt' under IBC. • Researched on whether the doctrine of res judicata will bar a creditor from filing a fresh CIRP application if the earlier one was withdrawn before admission. • Researched on the effect of absence of certification on the evidentiary value of a document with respect to S. 2 and S. 4 of the Bankers Book Evidence Act, 1891. Show less
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Dhir & Dhir Associates
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India
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Law Practice
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100 - 200 Employee
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Legal Intern
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Jun 2022 - Jun 2022
• Prepared a note on whether EPFO claims would fall under 'workmen's dues' and form a part of the liquidation estate under S. 36 of the Insolvency and Bankruptcy Code, 2016. • Prepared a note pertaining to the prescribed time limit for filing liquidation claims and the course of action under the IBC, 2016 and the IBBI (Liquidation Process) Regulations, 2016, following a breach of the limit. • Prepared a note on the maintainability of a S. 7 petition under the IBC, 2016 in cases… Show more • Prepared a note on whether EPFO claims would fall under 'workmen's dues' and form a part of the liquidation estate under S. 36 of the Insolvency and Bankruptcy Code, 2016. • Prepared a note pertaining to the prescribed time limit for filing liquidation claims and the course of action under the IBC, 2016 and the IBBI (Liquidation Process) Regulations, 2016, following a breach of the limit. • Prepared a note on the maintainability of a S. 7 petition under the IBC, 2016 in cases where a written document/financial contract is not produced or when an assignment agreement has been challenged. • Researched on whether the Corporate Insolvency Resolution Process (CIRP) can proceed when a winding order has been passed and the effect of an interim moratorium under S. 96 of the IBC on the debt recovery proceedings initiated against a personal guarantor. • Researched case laws with respect to the fees of a Resolution Professional (RP) when CIRP is stayed, RP's jurisdiction to decide the claims of creditors and whether the rejection of a claim by an Interim Resolution Professional (IRP)/RP during CIRP can be challenged before NCLT. Show less • Prepared a note on whether EPFO claims would fall under 'workmen's dues' and form a part of the liquidation estate under S. 36 of the Insolvency and Bankruptcy Code, 2016. • Prepared a note pertaining to the prescribed time limit for filing liquidation claims and the course of action under the IBC, 2016 and the IBBI (Liquidation Process) Regulations, 2016, following a breach of the limit. • Prepared a note on the maintainability of a S. 7 petition under the IBC, 2016 in cases… Show more • Prepared a note on whether EPFO claims would fall under 'workmen's dues' and form a part of the liquidation estate under S. 36 of the Insolvency and Bankruptcy Code, 2016. • Prepared a note pertaining to the prescribed time limit for filing liquidation claims and the course of action under the IBC, 2016 and the IBBI (Liquidation Process) Regulations, 2016, following a breach of the limit. • Prepared a note on the maintainability of a S. 7 petition under the IBC, 2016 in cases where a written document/financial contract is not produced or when an assignment agreement has been challenged. • Researched on whether the Corporate Insolvency Resolution Process (CIRP) can proceed when a winding order has been passed and the effect of an interim moratorium under S. 96 of the IBC on the debt recovery proceedings initiated against a personal guarantor. • Researched case laws with respect to the fees of a Resolution Professional (RP) when CIRP is stayed, RP's jurisdiction to decide the claims of creditors and whether the rejection of a claim by an Interim Resolution Professional (IRP)/RP during CIRP can be challenged before NCLT. Show less
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Education
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Maharashtra National Law University Mumbai
B.A., LL.B. (Hons.), Law -
St. Xavier's College
HSC (Maharashtra State Board), Liberal Arts and Sciences, General Studies and Humanities, 91.33% (HSC) -
Arya Vidya Mandir, Juhu
97.8% (ICSE)