Misha is a Partner in the Firm with 15 years of experience in Dispute Resolution and Insolvency & Bankruptcy practice.
Misha has been working very closely on matters pertaining to Insolvency, Bankruptcy and Restructuring, General Corporate Laws and related litigations and arbitrations. With the enactment of the Insolvency and Bankruptcy Code, 2016 (the “Code”), Misha has been spearheading the Insolvency and Bankruptcy practice at the Firm while consolidating her experience in corporate insolvency, restructuring and banking matters under the old regime. She has been regularly appearing before various judicial forums including the Supreme Court of India, High Courts across the country as well as various specialised Insolvency and Bankruptcy tribunals including National Company Law Appellate Tribunal and National Company Law Tribunal. In addition to regular court appearances, Misha has also been involved in advisory work especially in relation to Insolvency and Bankruptcy Laws, General Corporate Laws and Economic Offences.
Misha has been involved in 10 out of the 12 largest non-performing asset (“NPA”) accounts referred for the insolvency resolution process under the Code by the central bank – Reserve Bank of India.
Misha regularly contributes to various thought leadership platforms, some of which are highlighted below:
- Assisted the Executive Chairman and Head, Insolvency and Bankruptcy practice of the Firm, Mr Shardul S. Shroff in deliberations and drafting of report by the Insolvency Law Committee appointed by the Government of India to review implementation of the Code. The report of the Committee was instrumental in bringing in the amendments to the Code by way of an Ordinance, which was later enacted as an Amendment Act to the Code.
- Part of the team recognised by the National Working Group tasked with formulating the draft Information Utilities regulations for their extensive recommendations.
- Regularly interacting with the Insolvency and Bankruptcy Board of India in formulation of the regulations under the Code.
Read More+
- She is one of the most active partners in the firm with regard to contributing articles on important topics and issues in various esteemed journals and business publications including Mondaq, Indian Business Law Journal, Legal 500, and Thomson Reuters.
- Co-authored articles titled “Creditor conundrum persists under the Code”; “A question of balance, via the code or otherwise”; Decoding value maximization under the code’s mandate” for Asia Business Law Journal.
- Co-authored the India chapter of the HSF guide to Restructuring and Insolvency Asia Pacific in collaboration with Herbert Smith Freehills.
- Assisted Mr. Shardul S. Shroff in authoring the chapter on Collier’s International Business Insolvency Guide 2014. (Lexis Nexis).
- Panellist and speaker in number of conferences including Conference on “Insolvency and Bankruptcy Code –Ensuring Efficiency in Resolution Process” organised by Federation of Indian Chamber of Commerce and Industry (FICCI) in November, 2018 and “CII conference on Insolvency and Bankruptcy Code: Learnings, Challenges and Way Forward” in August, 2018.
Read Less-
Select Experience Statement
- The Committee of Creditors in the corporate insolvency process initiated against Essar Steel Limited culminating in successful acquisition of Essar Steel Limited by Arcelor Mittal.
- Solicitor General of India in Swiss Ribbons vs Union of India proceedings challenging the constitutional validity of the Insolvency and Bankruptcy Code, 2016 (the “Code”).
- The Committee of Creditors in the corporate insolvency process initiated against Essar Steel Limited and Amtek Auto Limited, two of the largest non-performing assets (NPA) accounts in the country involving complex questions of law relating to emerging jurisprudence in respect to the Code.
- The Committee of Creditors in the corporate insolvency process initiated against Bhushan Steel Limited culminating in acquisition of the company by Tata Steel Limited.
- The Resolution Professional in corporate insolvency resolution process for Bhushan Steel and Power Limited, Alok Industries Limited and Electrosteel Steels Limited.
- The Liquidator (earlier the Resolution Professional) for Lanco Infratech Limited involving complex issues relating to group insolvencies.
- Rajputana Properties Private Limited, in its capacity as resolution applicant, for Binani Cements Limited. The proceedings involved representation and advise to the client in fast paced complex litigation before the National Company Law Tribunal, National Company Law Appellate Tribunal as well as the Supreme Court of India.
Read More+
- ICICI Bank in respect to issues involving rights and status of the bank as mortgage holders in the Insolvency resolution process of Jaypee Infrastructure Limited.
- JK Paper Limited in Insolvency resolution process of Sirpur Papers Limited in its capacity as a resolution applicant. The matter involved advisory and drafting of resolution plan and representation before the National Company Law Tribunal for its approval and post approval implementation issues.
- Axis Bank in Educomp group companies’ insolvency resolution processes. In one of such proceedings, represented Axis Bank on the question of treatment of claims from un-invoked guarantees in favour of financial creditors.
- Edelweiss Asset Restructuring Company in the Insolvency resolution process of Tecpro Systems Limited. The proceedings leading up to the Supreme Court settled a controversial issue of maintainability of proceedings under the Code when winding up petitions were pending against the same company under previous laws.
- Several other creditors (including asset reconstruction companies, public financial institutions) such as State Bank of India, Axis Bank, UV Asset Reconstruction Company Limited, SREI Infrastructure Finance Limited, Piramal Finance, IDBI Bank etc. in corporate insolvency resolution process involving different corporates. The representation and advice is at different stages of the process under the Code.
- International Finance Corporation, private sector as well as public sector banks such as ICICI Bank, HDFC Bank and Punjab and Sind Bank in several litigations.
- An Indian listed real estate company in an US$ 1.5 billion dispute against international financial services group in LCIA arbitration seated at London.
- A private equity dispute on behalf of international financial services group against an Indian real estate company in UNCITRAL arbitration seated at London.
- A leading media entertainment group based in South-East Asia in extensive and long drawn investigation by Central Bureau of Investigation and Enforcement of Directorate, India.
Read Less-
A detailed experience statement can be shared on a confidential basis.
Professional Memberships
Education
- B.A. LL.B, (Hons), National Law School of India University, Bangalore