“THE SPIRIT OF MODERATION SHOULD ALSO BE THE SPIRIT OF THE LAWGIVER.”
ALTERNATIVE DISPUTE RESOLUTION
Vidya Drolia and Others v. Durga Trading Corporation
Landlord-Tenant disputes under Transfer of Property Act are arbitrable – 14 December 2020
The Supreme Court held that landlord-tenant disputes governed by the Transfer of Property Act, 1882 can be resolved through arbitration instead of traditional litigation.
The Court clarified that disputes governed by special Rent Control statutes would continue to remain non-arbitrable and must be adjudicated before designated forums.
The Court also observed that arbitral awards passed in such tenancy disputes can be enforced like civil court decrees.
The Judgement can be accessed at:
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Future Retails Ltd v. Amazon.com Investment Holdings LLC & Ors
Delhi High Court says FRL-Reliance deal is in accordance with law – 21 December 2020
The Delhi High Court observed that the proposed scheme between Future Group and Reliance Retail was prima facie in accordance with Indian laws.
However, the Court clarified that Amazon could not be restrained from making representations before statutory authorities and regulators.
The Court further observed that the emergency award passed by SIAC was prima facie valid and that the dispute raised by FRL was maintainable.
The Judgement can be accessed at:
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COMPETITION & UNFAIR TRADE PRACTICE
Samir Agrawal v. Competition Commission of India & Ors
Ola and Uber do not facilitate cartelisation – 15 December 2020
The Supreme Court upheld the findings of the Competition Commission of India and NCLAT that Ola and Uber did not facilitate cartelisation or anti-competitive conduct among drivers.
The allegations concerned algorithmic pricing and lack of fare negotiation between riders and drivers.
The Court observed that no material evidence established anti-competitive coordination through the platforms.
The Judgement can be accessed at:
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CORPORATE
Tharakan Web Innovations Pvt Ltd v. Cyriac Njavally
Enhanced ₹1 crore IBC threshold not applicable where default occurred before pandemic – 1 December 2020
The NCLT Kochi Bench held that the notification increasing the insolvency threshold to ₹1 crore would not protect corporate debtors where default occurred before the COVID-19 pandemic.
The Tribunal clarified that the notification cannot retrospectively invalidate insolvency proceedings based on earlier defaults.
The Order can be accessed at:
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Tharakan Web Innovations Pvt Ltd v. National Company Law Tribunal
Kerala High Court stays NCLT order entertaining IBC plea below ₹1 crore threshold – 11 December 2020
The Kerala High Court stayed an NCLT order that permitted insolvency proceedings despite the claim amount being below the revised ₹1 crore threshold.
The matter related to interpretation of the threshold notification issued after March 24, 2020.
The Order can be accessed at:
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CONTRACTS & TENDERS
M/s Galaxy Transport Agencies, Contractors, Traders, Transports and Suppliers v. New J K Roadways, Fleet Owners and Transport Contractors & Ors
Expert evaluation of tender should not be second-guessed by Writ Court unless mala fide or arbitrariness is shown
The Supreme Court observed that technical evaluation in tender matters conducted by experts should not ordinarily be interfered with by Writ Courts.
The Court clarified that interference is justified only when arbitrariness, mala fide intention or procedural illegality is established.
The Judgement can be accessed at:
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