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BYJU'S knocks at NCLAT door against NCLT's insolvency order; seeks urgent hearing

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Crisis-ridden BYJU’S has moved the National Company Law Appellate Tribunal (NCLAT) against the recent order of NCLT that allowed cricket board BCCI’s petition for initiating insolvency proceedings against the once-famed edtech company, sources said.

Sources privy to the development said the edtech company is seeking an urgent hearing on the matter.

BYJU’S did not comment on the issue.

According to sources, BYJU’S on Thursday moved the appellate tribunal, NCLAT, contesting the recent order of NCLT’s Bengaluru bench that had admitted the cricket board’s plea to start insolvency proceedings against the parent company Think and Learn Pvt Ltd after the edtech firm failed to pay Rs 158.9 crore dues.

Founder and CEO Byju Raveendran will report to the resolution professional. NCLT has appointed Pankaj Srivastava as the interim resolution professional.

BYJU’S had previously sponsored the Indian cricket team.

Earlier this week, BYJU’S had said it is hopeful of reaching “an amicable settlement” with the Board of Control for Cricket in India (BCCI).

A BYJU’S spokesperson said, “As we have always maintained, we wish to reach an amicable settlement with BCCI and we are confident that, despite this order, a settlement can be reached. In the meantime, our lawyers are reviewing the order and will take the necessary steps to protect the company’s interests.

BYJU’S was once valued at $22 billion, but the reopening of schools after the easing of pandemic restrictions led to its unravelling. BlackRock recently slashed its valuation of $1 billion.

The company’s troubles began when it missed financial reporting deadlines two years ago and fell short of revenue projections by more than 50%.

In February, a group of investors in BYJU’S parent company, including Prosus and Peak XV, voted to remove Raveendran as CEO during an extraordinary general meeting (EGM), citing allegations of “mismanagement and failures”. Raveendran has denied allegations and disputed the vote’s validity.

The investors and founders have been separately engaged in a legal battle, even as the company saw job cuts and shrinking business.

NCLT invited creditors, employees, and vendors to file claims against BYJU’S.

At the heart of the dispute is the ‘Team Sponsor Agreement’ that BCCI and BYJU’S entered into on July 25, 2019. According to this agreement, BYJU’S got the exclusive right to display its trademark/brand name on the kit of the Indian cricket team, place advertisements during the telecast of cricket series, and hospitality and non-hospitality tickets for every ticketed match organised by BCCI, according to the NCLT order.

“As consideration, the Corporate Debtor (BYJU’S) was required to pay a fee to the Operational Creditor (BCCI),” it said. “The Corporate Debtor was the Sponsor of the Indian cricket team as per the above arrangements and availed the Services for a period up until March 31, 2023.”

After March 31, 2022, BYJU’S made payment in full only against one invoice for the India-South Africa cricket series held in June 2022, amounting to Rs 25.35 crore but failed to pay for subsequent invoices.

A bank guarantee of Rs 143 crore was encashed but that was not sufficient to cover the entire amount, it said, adding the sponsorship fee for series/tours, including that of South Africa, Australia, Sri Lanka, New Zealand, Asia Cup, and ICC T20 between August 2022 to January 2023, amounting to Rs 158.9 crore remain unpaid.

“It cannot be disputed that the Corporate Debtor has availed the services of Operational Creditor,” the NCLT order said.

“Corporate Debtor had never disputed the fact that it was required to pay the agreed Fee as per the arrangement between the parties. However, despite having acknowledged the dues, the Corporate Debtor has failed to pay and instead, the Corporate Debtor repeatedly kept requesting the Operational Creditor for an extension of time for payment.”


Edited by Suman Singh



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The Trillion-Dollar AI Showdown: Microsoft, Google, and Meta in the Race to Dominate Tech’s Next Frontier

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Artificial Intelligence (AI) has swiftly transitioned from a futuristic concept to a cornerstone of modern technology, reshaping industries and daily life. Leading this transformation are tech giants Microsoft, Google, and Meta, each investing billions into AI development. This article delves into their strategies, financial commitments, and the broader implications of this trillion-dollar AI race.

Microsoft: Integrating AI Across the Board

Microsoft has seamlessly woven AI into its suite of products, enhancing user experience and productivity. A notable example is Copilot, an AI assistant embedded in applications like Word and Excel, designed to streamline tasks and boost efficiency. This integration has resonated with enterprises; nearly 70% of Fortune 500 companies have adopted Copilot, with firms like Vodafone reporting weekly time savings of approximately three hours per employee.

Financially, Microsoft’s AI endeavors are yielding significant returns. In the fiscal quarter ending September 30, 2024, the company reported a 16% increase in revenue, totaling $65.6 billion. This growth was largely driven by Azure and cloud services, which saw a 33% increase in revenue, with 12 percentage points stemming from AI-related products and services.

To support this AI expansion, Microsoft has invested heavily in infrastructure. The company spent $20 billion in the recent quarter, evenly divided between building data centers and acquiring computing equipment like servers and AI chips. This substantial investment underscores Microsoft’s commitment to meeting the growing demand for AI services.

Google: Building a Comprehensive AI Ecosystem

Google’s approach to AI focuses on developing a complete stack, from hardware to software, to create powerful and efficient systems. The company has made significant strides in AI integration, with AI now generating about 25% of all new code at Google, subsequently reviewed by human engineers before deployment.

The impact of AI on Google’s services is evident. Google Lens handles over 20 billion visual searches each month, and AI-enhanced search features serve more than a billion people across 100 countries. In the business sector, Google Cloud, which houses the company’s AI services, grew 35% in the recent quarter, generating $11.4 billion in revenue.

To sustain this growth, Google invested $13 billion in the recent quarter, with $7 billion directed toward new data center construction specifically for AI. The company relies on a mix of custom Tensor Processing Unit (TPU) chips and Nvidia’s GPUs to power its AI initiatives.

Meta: Embracing Open-Source AI

Meta has taken a unique approach by adopting an open-source strategy for its AI development. This means making some of its AI tools and models available to the public, fostering collaboration and innovation within the programming community.

The integration of AI into Meta’s social platforms has been substantial. AI-driven recommendations have increased time spent on Facebook by 8% and on Instagram by 6%. In the advertising domain, over a million advertisers used Meta’s AI tools last month alone to create more than 15 million ads, boosting conversion rates by about 7% for businesses utilizing AI-generated images.

Meta’s commitment to AI is further demonstrated by its investment of $9.2 billion in the recent quarter, with around 60% allocated directly to servers and AI-specific hardware. The company follows a strict five-year cycle for updating its equipment, ensuring it remains at the forefront of technological advancements.

The Broader Implications

The combined efforts of Microsoft, Google, and Meta highlight a collective belief in AI’s transformative potential. In a single quarter, these three companies collectively generated approximately $182.5 billion in revenue, with a net income of about $66.7 billion. This excludes other tech giants like Amazon and Apple, underscoring the massive scale of investment and return in the AI sector.

However, these advancements come with challenges. Building data centers is a complex endeavor, often taking up to two years and requiring locations with sufficient power and cooling capabilities. Additionally, the energy consumption of these centers is significant, prompting companies like Google to commit to powering their AI data centers with nuclear energy, aiming to generate 500 megawatts of carbon-free power.





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ED searches 19 premises of Amazon, Flipkart vendors in FEMA probe

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The Enforcement Directorate Thursday conducted searches against some of the “main vendors” operating on platforms of ecommerce giants Amazon and Flipkart as part of a foreign investment “violation” investigation, official sources said.

A total of 19 premises of these “preferred” vendors located in Delhi, Gurugram and Panchkula (Haryana), Hyderabad (Telangana), and Bengaluru (Karnataka) were covered as part of the action, the sources said.

It is learnt that the ED inspected documents and took copies of some from the premises of about six such vendors who were not named.

The sources said a probe has been initiated by the federal agency under the provisions of the Foreign Exchange Management Act (FEMA) after it received several complaints against the two large ecommerce companies, where it is alleged that they were “violating India’s FDI (foreign direct investment) rules by directly or indirectly influencing the sale price of goods or services and not providing level playing field for all the vendors”.

There was no immediate response from the two ecommerce companies.

Meanwhile, the Confederation of All India Traders (CAIT) welcomed the ED action.

“The CAIT, along with several other trade bodies, has been raising these issues for the past few years. I welcome the Enforcement Directorate’s actions as a step in the right direction,” CAIT Secretary General Praveen Khandelwal said in a statement.

He claimed that the Competition Commission of India (CCI) had also issued “penalty notices” to Amazon and Flipkart, and their “preferred” sellers, for “engaging” in anti-competitive practices that have adversely affected small traders and ‘kirana’ (grocery) stores.

It has been reported in the past that the CCI, which works to ensure fair business practices across sectors in the marketplace, is already looking into alleged anti-competitive ways of ecommerce companies.

The CAIT and mainline mobile retailers’ association AIMRA had also petitioned the CCI sometime back seeking immediate suspension of operations of Flipkart and Amazon as they alleged that the companies engaged in predatory pricing and were burning cash to offer heavy discounts on products.

These practices, in turn, are creating a grey market of mobile phones, causing losses to the exchequer “as players in the grey market evade taxes”, they had said.

Commerce and Industry Minister Piyush Goyal had recently flagged the same concerns as he had questioned Amazon’s announcement of a $1 billion investment in India, saying the US retailer was not doing any great service to the Indian economy but filling up for the losses it had suffered in the country.

He had said in August that their huge losses in India “smells of predatory pricing”, which is not good for the country as it impacts crores of small retailers.

Goyal said e-commerce companies were eating into the small retailers’ high-value, high-margin products that are the only items through which the mom-and-pop stores survive.

The minister had said that with the fast-growing online retailing in the country, “are we going to cause huge social disruption with this massive growth of ecommerce”.

Khandelwal said that the CAIT has urged the CCI and the ED to protect the businesses of small traders.

“In the new Bharat, led by Prime Minister Narendra Modi Ji, no one is above the law. I am hopeful that now the law will take its rightful course and protect the livelihoods of small shopkeepers.

“This government is committed to ensuring that no entity can harm the trading community. In response to multiple complaints filed by the trading community regarding FDI violations and the anti-competitive practices of quick-commerce companies such as Blinkit, Swiggy, and Zepto, we urge both the CCI and the ED to take swift action and prevent any further, irreparable damage to the businesses of small traders,” he said in the statement.





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Irdai proposes to amend regulatory sandbox norms

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Regulator Irdai has proposed to amend the norms related to ‘regulatory sandbox’ by incorporating principle-based approach and further facilitating the adoption of innovative ideas and new concepts across the insurance value chain.

Regulatory sandbox usually refers to live testing of new products or services in a controlled/test regulatory environment for which regulators may or may not permit certain relaxations.

The Insurance Regulatory and Development Authority of India (Irdai) constituted an internal committee to review the Irdai (Regulatory Sandbox) Regulations.

Based on the recommendations of the committee, it has proposed amendments to the regulatory sandbox regulations and seeks comments from the public at large on the proposed amendments.

Issuing an exposure draft on regulatory sandbox regulations, Irdai said the amendment seeks adoption of principle based approach over rule based approach.

The changes to the norms are also aimed to facilitate the introduction of innovative ideas/new concepts across the insurance value chain, Irdai said.

Irdai has invited comments from the stakeholders on ‘Exposure draft – Irdai (Regulatory Sandbox) (Amendment) Regulations, 2024’ by November 25.





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