Prabh Simran Kaur

I am an internationally trained lawyer from India with over 3 years of experience in commercial litigation. I have had the opportunity to work at one of India's premier law firms where I handled over 35 complex multi-million-dollar files, resulting in significant debt resolutions and landmark judgments. For instance, I have had the opportunity to work on one of India’s biggest insolvency resolutions where the debt exposure was to the tune of CAD 8.98B where I represented the interests of the committee of creditors.

My past professional experiences have adept me at working in a dynamic, fast-paced environment. I was entrusted with the duties of filing pleadings in all my matters, drafting and revising pleadings and correspondences with the various parties involved and conducting legal research. I meticulously handled my files and ensured smooth case progression. Moreover, I was able to hone my skills in meeting the expectations of clients seamlessly. With my attention to detail, organizational skills, and ability to handle multiple priorities, I have consistently delivered successful case outcomes and client satisfaction.

My role at the firm was primarily focused on commercial litigation where I oversaw over 35 files of banking, arbitration, insolvency and bankruptcy. Some of the noteworthy files that I worked on are:

• Researched the duty of sureties/guarantors even after the discharge of the principal borrower through an involuntary procedure which was incorporated by the Supreme Court of India in its landmark judgment in Lalit Kumar Jain v. Union of India & Ors. (2021) 9 SCC 321.
• Drafted and filed pleadings; and successfully defended before the Supreme Court of India, the challenge to the eligibility of India’s largest power-generating company to acquire another power company through the insolvency resolution process where the debt exposure was C$ 3.06 billion.
• Drafted and successfully argued an application seeking reversal of payments of C$15 million made to related parties during the insolvency resolution process of a High Carbon Ferro Chrome producer of India.
• Prepared and filed a compelling response to a Special Leave Petition filed before the Supreme Court of India, highlighting that the court’s powers are not limited by procedural provisions when granting interim reliefs under the Arbitration Act.
• Presented a comprehensive response to the Supreme Court of India emphasizing the lack of equity-based jurisdiction with the Company Law Tribunal under the Insolvency and Bankruptcy Code resulting in the dismissal of a challenge to the approved acquisition plan of Reliance Infratel Limited.
• Drafted an application on behalf of the financial creditors of one of India’s largest automobile companies before the Supreme Court of India seeking directions against the successful bidder for failing to fulfill obligations under the approved resolution plan.
• Prepared an appeal on behalf of a conglomerate of telecom companies before the Supreme Court of India, seeking clarification on the trading of telecom companies’ right to use spectrum during the insolvency resolution process.
• Successfully defended a challenge to a liquidation order before the Supreme Court of India, emphasizing the importance of timely liquidation in insolvency cases.
• Effectively defended the resolution plan submitted by India’s largest steel manufacturers for a slurry pipeline company countering allegations of discriminatory payouts to secured and unsecured creditors.
• Successfully argued before the Company Law Tribunal that compulsorily convertible debentures qualify as financial debt instruments and secured a favorable order.
• Played a pivotal role in challenging and overturning a Company Law Tribunal decision affirming the persistence of the liability of promoters and guarantors even after approval of the resolution plan and extinguishment of the principal borrower’s liability.
• Successfully argued for permission to participate in the auction of a debt-ridden company after selection of another bidder emphasizing that mere declaration of a successful bidder does not guarantee vested rights to enforce the auction.

I am currently pursuing an LLM in International Business Law at Osgoode Hall Law School. The LLM program has equipped me with advanced knowledge in international arbitration, commercial transactions and dispute resolution, further enhancing my ability to provide comprehensive legal solutions to clients. My academic background and my past professional endeavours demonstrate my ability to excel and my quick learning abilities.