Of Flawed Considerations and Failed Legislations: Observations from the Implementation of the Commercial Courts Act, 2015 Introduction: The Promise of 2015 When …

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I believe that one should broaden their perspective beyond law, as a fair understanding of business, economics, philosophy, and current affairs can make one a more effective lawyer.” – Shubham Saigal, AOR at Supreme Court of India and Partner at Jain & Saigal Law Offices.

Of flawed considerations and failed legislations: Observations from the implementation of the Commercial Courts Act, 2015

Vidarbha Industries Power Limited vs Axis Bank Limited, Civil Appeal Number 4633 of 2021.-2

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Shubham Saigal

Shubham is an Advocate-on-Record at the Supreme Court of India, specializing in civil-commercial disputes, insolvency and bankruptcy proceedings, debt recovery and restructuring, domestic and international arbitrations, labour and property disputes, and white-collar crimes. He has advised and represented clients in complex matters and transactions. He previously worked with Mrs. Madhavi Divan, Senior Advocate (former Additional Solicitor General of India), assisting in constitutional matters, arbitrations, and insolvency cases, including representing the Insolvency and Bankruptcy Board of India before the Delhi High Court and Supreme Court. Before starting independent practice, Shubham was a Senior Associate at L&L Partners Law Offices (formerly Luthra & Luthra) and an Associate at Karanjawala & Company, appearing in high-stake matters for corporates, start-ups, MNCs, and HNIs before the Supreme Court, various High Courts, NCLT, NCLAT, DRT, DRAT, NCDRC, and district courts in Delhi.

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Siddharth Jain

Siddharth is an Advocate-on-Record at the Supreme Court of India, specializing in domestic and international commercial arbitrations, contractual and civil-commercial disputes, insolvency and bankruptcy proceedings, property disputes, and white-collar crimes. He has advised and represented clients in complex matters and transactions. He is associated with Mr. Gaurav Pachnanda, Senior Advocate, Supreme Court of India, assisting in multiple domestic and international arbitrations. Previously, Siddharth worked at L&L Partners Law Offices (formerly Luthra & Luthra), handling high-stake matters for corporates, start-ups, MNCs, and HNIs before the Supreme Court, various High Courts, NCLT, NCLAT, DRT, DRAT, NCDRC, and district courts in Delhi.

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Shubham Saigal

  • Advocate-on-Record (AOR) at Supreme Court of India.
  • Specializes in disputes: insolvency, banking laws, white-collar crime, arbitration, civil, labour.
  • Assisted Mrs. Madhavi Divan, Senior Advocate  in constitutional and insolvency matters.
  • Former Senior Associate at Luthra & Luthra Law Offices and Associate at Karanjawala and Co.
  • Regularly appears before Supreme Court of India, High Courts, NCLT, NCLAT, DRT and District Courts.

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Siddharth Jain

  • Advocate-on-Record (AOR) at Supreme Court of India.
  • Specializes in arbitration, commercial disputes, insolvency, and property laws.
  • Associated with the Chambers of Mr. Gaurav Pachnanda, Senior Advocate.
  • Formerly part of Luthra & Luthra Law Offices.
  • Regularly appears before Supreme Court of India, High Courts, and domestic and international arbitral tribunals.

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Shruti Mishra

Shruti Priya Mishra, LL.B. (Hons.), Litigation Lawyer at Jain & Saigal.
  • Specializes in civil, criminal, and constitutional law matters.
  • Skilled in drafting, research, and case preparation for diverse clients.
  • Appeared before the Supreme Court, Delhi High Court, and tribunals.
  • Graduate of RMLNLU, Lucknow, valued for clarity and strategic legal approach.
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    ASHISH SHUKLA

    (Advocate, Supreme Court of India)

    Experience: 8+ years

    Qualifications:

    B.A. LL.B. (Hons.), National Law University Odisha, Cuttack.

    Specialization:

    Ashish is a practicing advocate in the Supreme Court of India. His areas of specialization include civil commercial disputes, insolvency and bankruptcy proceedings, debt recovery and restructuring, domestic and international commercial arbitrations, labour disputes, property disputes, white-collar crimes, etc. Ashish has advised and represented numerous clients in complex matters and transactions.

    Ashish is also associated with Jain & Saigal Law Offices, as an “associate partner” and “off-counsel” of the firm. The managing partners of the firm are Advocate-On-Records, registered with the Supreme Court of India.

    Ashish has appeared in various high-stake matters, representing Corporates, Start-up companies, Multi-national companies, High-net worth individuals, etc., before the Supreme Court of India, various High Courts across the country, DRT, DRAT, NCLT, NCLAT, NCDRC, district courts of Delhi, etc.

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    Indrajeet Kori

    Inderjeet Kori is a dedicated Court Clerk at Jain & Saigal Law Offices, bringing over 2 years of experience in handling court-related procedures and administrative support for litigation matters.

    He assists the firm with filing of cases, coordinating with court registries, managing case records, and ensuring timely compliance with procedural requirements before various courts and tribunals. His familiarity with court processes and attention to detail help ensure that filings and documentation are handled efficiently and accurately.

    Inderjeet plays an important role in supporting the firm’s litigation practice by facilitating smooth interaction with court staff and maintaining organized case documentation.

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    BHAVIKA MEHTA

    Bhavika Mehta, BA LL.B., Litigation Lawyer at Jain & Saigal Law Offices.

    • Specializes in civil, criminal, and constitutional law matters.
    • Skilled in drafting, research, and case preparation for diverse clients.
    • Regularly appears before the Supreme Court, Delhi High Court, and tribunals.
    • Graduate of Army Institute of Law, Mohali, with a strong academic grounding in law, complemented by consistent academic performance and research-oriented training.

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    Nakul Goyal

     Tax Expert at Jain & Saigal Law Offices
    •⁠ ⁠CA, FCA, DISA, Certified Valuer
    •⁠ ⁠13-years of experience in handling direct and indirect taxation advisory and complex regulatory frameworks, involving company laws and FEMA
    •⁠ ⁠B. Com (H), Delhi University
    •⁠ ⁠⁠Regular appearances before ITAT, CESTAT, GSTAT, Commissioner Appeal

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