ALTERNATIVE DISPUTE RESOLUTION
Yashwardhan Raghuwanshi v. District & Sessions Judge and Another
Commercial matters involving Arbitration disputes can only be heard by Commercial Court of status of District Judge/Addl. District Judge – 26 February 2021
A Division Bench of the Madhya Pradesh High Court held that commercial matters involving arbitration disputes can only be heard by Commercial Courts of the status of District Judge or Additional District Judge.
The Court observed that the Arbitration Act intends to confer powers upon the highest judicial court of the district in order to minimize supervisory interference in arbitral proceedings.
Dakshin Haryana Bijli Vitran Nigam Ltd v. Navgant Technologies Pvt Ltd
Period of limitation for filing Petition under Section 34 Arbitration & Conciliation Act to be reckoned from receipt of signed copy of Award – 2 March 2021
The Supreme Court held that limitation for filing objections under Section 34 begins only from the date on which the signed copy of the arbitral award is received by the parties.
The Court emphasized that signing of the award gives legal effect and finality to the arbitral award.
The Judgement can be accessed at:
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Amway Enterprises Pvt Ltd v. Ravindranath Rao Sindha & Anr
Arbitration becomes International Commercial Arbitration when one party habitually resides abroad – 4 March 2021
The Division Bench ruled that if at least one party is habitually resident outside India or is a foreign entity, the arbitration would qualify as an International Commercial Arbitration.
This would apply even if the business is conducted through an office located in India.
The Judgement can be accessed at:
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Bharat Sanchar Nigam Limited v. Nortel Networks India Pvt Ltd
Court can decline reference under Section 11 when claim is ex-facie barred by limitation – 10 March 2021
The Supreme Court held that courts may refuse reference under Section 11 of the Arbitration & Conciliation Act only in limited cases where claims are clearly time-barred.
The Court further observed that applications under Section 11 would be governed by Article 137 of the Limitation Act.
The Judgement can be accessed at:
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COMPETITION & UNFAIR TRADE PRACTICE
Federation of Hotel & Restaurant Associations of India (FHRAI) and Casa2 Stays Pvt Ltd v. MakeMyTrip India Pvt Ltd & Ors
CCI asks MakeMyTrip to relist FabHotels and Treebo – 9 March 2021
The Competition Commission of India directed MakeMyTrip to relist properties operated by FabHotels and Treebo on its online portals.
The order was passed during an ongoing investigation into alleged anti-competitive arrangements between MakeMyTrip and OYO.
The Order can be accessed at:
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People’s All India Anti-Corruption and Crime Prevention Society v. Usha International Ltd & Others
CCI issues order against suppliers for bid rigging – 17 March 2021
The Competition Commission of India found collusion between suppliers in rigging bids related to procurement tenders floated by Pune Zilla Parishad.
The Commission relied on factors such as close bid prices, common IP addresses, call data records, and coordinated conduct.
The Order can be accessed at:
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CORPORATE
Navinchandra Steels Private Limited v. Srei Equipment Finance Limited & Ors
Petition under Section 7 or 9 IBC is independent of winding up proceedings – 1 March 2021
The Supreme Court held that Corporate Insolvency Resolution Process proceedings under the IBC are independent of winding up proceedings under the Companies Act.
The Court emphasized that the primary objective of IBC is revival of the corporate debtor through resolution.
The Judgement can be accessed at:
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Kridhan Infrastructure Pvt Ltd v. Venkatesan Sankaranarayan & Ors
Time is a crucial facet of scheme under Insolvency and Bankruptcy Code – 1 March 2021
The Supreme Court reiterated that timely resolution is a fundamental objective of the Insolvency and Bankruptcy Code.
The Court dismissed the appeal of the resolution applicant for failing to comply with the resolution plan despite sufficient opportunities.
The Judgement can be accessed at:
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Gujarat Urja Vikas Nigam Limited v. Mr Amit Gupta & Ors
NCLT can adjudicate contractual disputes related to insolvency – 8 March 2021
The Supreme Court held that the NCLT has jurisdiction to adjudicate contractual disputes directly connected with insolvency proceedings of the corporate debtor.
However, disputes unrelated to insolvency must be pursued before the competent authority.
The Judgement can be accessed at:
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State Bank of India v. Mr Animesh Mukhopadhyay
Lender’s claim maintainable against both Principal Borrower and Corporate Guarantor – 8 March 2021
The NCLAT held that until payment is realized in one CIRP proceeding, claims can be maintained simultaneously against both the principal borrower and corporate guarantor.
The Order can be accessed at:
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Orator Marketing Pvt Ltd v. Samtex Desinz Pvt Ltd
Interest free loan cannot be treated as financial debt without time value of money – 8 March 2021
The NCLAT ruled that interest-free loans cannot automatically qualify as financial debt unless evidence exists showing disbursal against time value of money.
The Judgement can be accessed at:
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INFORMATION TECHNOLOGY
Sakshi Malik v. Venkateshwara Creations Pvt Ltd & Ors
Bombay High Court allows Amazon Prime to re-release Telugu film post edit – 2 March 2021
The Bombay High Court allowed re-release of the edited Telugu film ‘V’ on Amazon Prime Video after objectionable content was removed.
The producers and OTT platform informed the Court that the disputed image had been deleted from the film.
The Order can be accessed at:
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