“MANIFESTLY, DYING IS NOTHING TO A REALLY GREAT AND BRAVE MAN”.
ALTERNATIVE DISPUTE RESOLUTION
Bhaven Construction v. Executive Engineer Sardar Sarovar Narmada Nigam Ltd
High Court’s power under Article 226/227 to interfere with Arbitration Process must be exercised only in exceptional rarity
The Supreme Court observed that powers under Articles 226 and 227 of the Constitution should be used sparingly while interfering with arbitral proceedings.
The Court stated that judicial interference is permissible only in exceptional cases where a party is left remediless under the statute or there is clear evidence of bad faith.
The Court further noted that unnecessary interference by courts would diminish the efficiency of the arbitral process.
The Judgement can be accessed at:
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COMPETITION & UNFAIR TRADE PRACTICE
Brickwork Ratings India Pvt Ltd v. CRISIL Ltd and Ors
CCI dismisses unfair trade practice complaint against credit rating agencies – 29 December 2020
The Competition Commission of India dismissed allegations against CRISIL Ltd, India Ratings and Research Pvt Ltd, CARE Ratings Ltd and ICRA Ltd concerning collusive bidding and predatory pricing.
The complaint was filed by Brickwork Ratings India Pvt Ltd alleging anti-competitive conduct in the credit rating sector.
The Order can be accessed at:
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CORPORATE
S C S L Buildwell Pvt Ltd v. Palo Infrastructure & Developers Pvt Ltd
NCLT directs Resolution Professional not to proceed with resolution plan pending landowner rights decision – 15 December 2020
The National Company Law Tribunal directed the Resolution Professional not to proceed with the resolution plan in the Corporate Insolvency Resolution Process until issues relating to landowner rights are decided.
The Tribunal observed that landowners had raised objections regarding unlawful processing of their land under the CIRP proceedings.
The Order can be accessed at:
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Mr Rajesh Agarwal v. Reserve Bank of India
Borrower must be heard before account is classified as fraud – Telangana High Court
The Telangana High Court held that principles of natural justice must be followed before classifying a borrower’s account as fraudulent under the RBI Master Circular on Fraud Accounts.
The Court ruled that account holders must be given an opportunity of hearing before such adverse classification is made.
The Judgement can be accessed at:
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INFORMATION TECHNOLOGY
Gujarat Cooperative Milk Marketing Federation Ltd & Anr v. Chetan Padilya & Ors
Delhi High Court directs removal of article against Amul milk products – 17 December 2020
The Delhi High Court directed the website ditchdairy.in and related Facebook pages to remove content criticizing Amul milk and milk products.
The order related to an article titled “The White Lie of Amul And Black Truth Of Animal Milk”.
The Order can be accessed at:
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PROPERTY
J Jayaniithaa v. Inspector General of Registration
Madras High Court declares fraudulent property settlement deed void – 15 December 2020
The Madras High Court declared a fraudulently registered settlement deed as void and directed the sub-registrar to register the court order.
The Court observed that there were no existing provisions enabling authorities to reverse fraudulent entries in registration records.
The Order can be accessed at:
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Suresh Shah v. Hipad Technology India Private Limited
Landlord-Tenant disputes under Transfer of Property Act are arbitrable – 18 December 2020
The Supreme Court held that disputes between landlords and tenants arising under the Transfer of Property Act, 1882 are arbitrable.
However, disputes governed by special Rent Control statutes are non-arbitrable.
The Judgement can be accessed at:
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