“IT IS A WORTHY THING TO FIGHT FOR ONE’S FREEDOM; IT IS ANOTHER SIGHT FINER TO FIGHT FOR ANOTHER MAN’S.”
ALTERNATIVE DISPUTE RESOLUTION
Knowledge Podium Systems Pvt Ltd v. S M Professional Services Pvt Ltd
Send dispute to Arbitration if there is doubt regarding existence of valid Arbitration Agreement – 25 January 2021
The Delhi High Court observed that when there is doubt regarding the validity of an arbitration agreement, the matter should be referred to the arbitral tribunal for determination.
The Court relied upon the Supreme Court judgment in Vidya Drolia v. Durga Trading Corporation.
The Judgement can be accessed at:
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Chintels India Ltd v. Bhayana Builders Pvt Ltd
Condonation of delay under Section 34 of Arbitration Act is appealable under Section 37 – 11 February 2021
The Supreme Court held that an order refusing to condone delay in filing an application under Section 34 of the Arbitration and Conciliation Act is appealable under Section 37(1)(c).
The appeal arose from a certificate issued by the Delhi High Court under Article 133 read with Article 134A of the Constitution.
The Judgement can be accessed at:
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COMPETITION & UNFAIR TRADE PRACTICE
Thupili Raveendra Babu v. Bar Council of India (BCI) and Others
CCI dismisses complaint against Bar Council of India – 20 January 2021
The Competition Commission of India dismissed allegations that the Bar Council of India abused its dominant position concerning legal education regulations.
The Commission observed that the Bar Council was performing regulatory functions and therefore could not be treated as an enterprise under the Competition Act.
The Order can be accessed at:
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Chandra Prabhu Offset Printing Works Pvt Ltd & Ors v. Mr Ashok Kumar Gupta and Ors
CCI closes alleged bid rigging case after finding no evidence of competition law violations – 12 February 2021
The Competition Commission of India closed a bid rigging investigation involving three printing firms after detailed inquiry revealed no conclusive evidence of collusion.
The Commission noted that business dealings and transactions among the firms appeared to be part of normal commercial practices.
The Order can be accessed at:
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CORPORATE
Phoenix Arc Private Limited v. Spade Financial Services Limited & Ors
Collusive or sham transactions with Corporate Debtor will not amount to ‘Financial Debt’ – 1 February 2021
The Supreme Court held that collusive or sham transactions involving a corporate debtor would not qualify as financial debt under the Insolvency and Bankruptcy Code, 2016.
The Judgement can be accessed at:
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Ramesh Kymal v. M/s Siemens Gamesa Renewable Power Pvt Ltd
Retrospective bar on filing insolvency proceedings does not extinguish debt – 9 February 2021
The Supreme Court held that the temporary suspension on initiation of insolvency proceedings introduced during the COVID-19 pandemic does not extinguish the debt itself.
The Court clarified that lenders continue to retain their right to recover outstanding debts through other legal remedies.
The Judgement can be accessed at:
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M/s Kalamani Tex v. P Balasubramanian
Blank cheque attracts presumption under Section 139 of Negotiable Instruments Act if signature is admitted
The Supreme Court observed that even a blank signed cheque would attract the statutory presumption under Section 139 of the Negotiable Instruments Act.
The Court held that once signatures are admitted, reverse onus provisions under Sections 118 and 139 become operative, though rebuttable by probable defence.
The Judgement can be accessed at:
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