“EVERY VIRTUE IS INCLUDED IN THE IDEA OF JUSTICE, AND EVERY JUST MAN IS GOOD.”
ALTERNATIVE DISPUTE RESOLUTION
Hari Ram Nagar & Ors v. Delhi Development Authority & Ors
Contractual relationship not mandatory for infrastructure suits under Section 20A – Delhi High Court
The Delhi High Court held that the existence of a contractual relationship between parties is not mandatory for invoking Section 20A of the Specific Relief Act in matters involving infrastructure projects.
The Court also directed the Ministry of Law & Justice to familiarize government advocates with amendments introduced under Sections 20A, 20B and 20C of the Specific Relief Act.
The Judgement can be accessed at:
View Details
National Aluminium Company Limited v. Subhash Infra Engineers Pvt Ltd & Anr
Civil suits challenging arbitrator jurisdiction are not maintainable – Supreme Court
The Supreme Court reiterated that a civil suit seeking injunction or declaration challenging the jurisdiction of an Arbitrator is not maintainable under law.
The Court emphasized that such objections must ordinarily be raised before the arbitral tribunal itself.
The Judgement can be accessed at:
View Details
National Highways Authority of India v. Sayedabad Tea Company Ltd and Ors
Section 11 Arbitration application against NHAI not maintainable – Supreme Court
The Supreme Court held that applications under Section 11 of the Arbitration and Conciliation Act seeking appointment of Arbitrators in disputes involving NHAI are not maintainable.
The Court observed that Section 3G(5) of the National Highways Act specifically authorizes the Central Government to appoint Arbitrators in such disputes.
The Judgement can be accessed at:
View Details
National Highways Authority of India & Anr v. Subhash Bindlish & Ors
120-day limitation for setting aside arbitral awards remains unchanged – Supreme Court
The Supreme Court observed that the outer limit of 120 days prescribed under Section 34(3) of the Arbitration and Conciliation Act for challenging arbitral awards remains unchanged even after the 2015 amendments.
The Court dismissed the application as it had been filed beyond the statutory limitation period.
The Order can be accessed at:
View Details
CORPORATE
The Asst. Commissioner of Income Tax, Circle Dhule v. Bhaawani Shankar Ginning Factory
No deemed dividend where assessee was not shareholder at time of advance – ITAT
The Pune Bench of the Income Tax Appellate Tribunal held that deemed dividend provisions cannot apply where the assessee was not a shareholder at the time the financial advance was made.
The Tribunal clarified interpretation of dividend taxation provisions under the Income Tax Act.
The Order can be accessed at:
View Details
L&T Infrastructure Finance Company Ltd v. Gwalior Bypass Project Ltd & ICICI Bank Limited
Financial creditor cannot challenge insolvency proceedings merely on superior claim – NCLAT
The National Company Law Appellate Tribunal held that a financial creditor cannot oppose admission of insolvency proceedings initiated by another financial creditor solely on the basis of possessing a superior claim.
The Tribunal emphasized equality of creditors within the insolvency framework.
NUI Pulp and Paper Industries Pvt Ltd v. M/s Roxcel Trading GMBH
NCLT has inherent power to impose moratorium before CIRP commencement – NCLAT
The National Company Law Appellate Tribunal held that the NCLT possesses inherent powers to impose moratorium immediately after insolvency proceedings are initiated.
The Tribunal clarified that the adjudicating authority need not wait for completion of hearings before granting protection under the IBC.
Excel Metal Processors Limited v. Benteler Trading International GMBH and Anr
Exclusive foreign jurisdiction clauses do not bar IBC proceedings before NCLT
The National Company Law Tribunal held that contractual clauses granting exclusive jurisdiction to foreign courts do not oust the jurisdiction of Indian insolvency tribunals under the Insolvency and Bankruptcy Code.
The Tribunal clarified that IBC proceedings are distinct statutory remedies unaffected by private contractual restrictions.
S A Consultants & Forwarders Private Limited v. Cargo Planners Limited
NCLT cautions Resolution Professionals against excess creditor claims
The National Company Law Tribunal cautioned Resolution Professionals to carefully scrutinize claims submitted by banks and financial creditors to ensure that only legitimate dues are admitted.
The Tribunal emphasized protection of corporate debtors from inflated financial claims during insolvency proceedings.
The Order can be accessed at:
View Details
Navin Raheja v. Shilpa Jain & Ors
NCLAT directs Raheja Developers to settle dispute with homebuyers
The National Company Law Appellate Tribunal directed Raheja Developers to attempt settlement with financial creditors and homebuyers in insolvency proceedings initiated against the company.
The Tribunal encouraged amicable resolution before continuation of CIRP proceedings.
ICICI Bank Ltd v. Mr Shailendra Ajmera & Committee of Creditors
NCLAT dismisses preferential transaction claims against ICICI Bank
The National Company Law Appellate Tribunal allowed ICICI Bank’s appeal and dismissed allegations of preferential transactions concerning Ruchi Soya Industries.
The Tribunal set aside the NCLT order which had upheld the Resolution Professional’s claim under Section 43 of the IBC.
Jet Airways (India) Limited (Offshore Regional Hub) v. State Bank of India & Anr
NCLAT examines legality of parallel insolvency proceedings in India and Netherlands
The National Company Law Appellate Tribunal considered issues relating to simultaneous insolvency proceedings initiated against Jet Airways in India and the Netherlands.
The Tribunal explored the possibility of a coordinated cross-border insolvency resolution process involving foreign creditors and administrators.
Shweta Vishwanath Shirke & Ors v. The Committee of Creditors & Anr
Promoters allowed to regain control of company during liquidation stage – NCLAT
The National Company Law Appellate Tribunal permitted promoters of Sterling Biotech to regain control of the company after settling creditor dues during liquidation proceedings.
The Tribunal set aside the liquidation order while approving the settlement arrangement.
COMPETITION
Competition Commission of India – LPG Cylinder Cartelization Case
CCI imposes penalties on LPG vendors for cartelization in bidding process
The Competition Commission of India imposed penalties on multiple LPG cylinder vendors for cartelization and anti-competitive conduct during bidding processes conducted by HPCL.
The Commission observed collusive pricing patterns and coordinated bidding behaviour among vendors across multiple states.
The Order can be accessed at:
View Details
National Consumers Co-operative Federation of India Limited v. New Town Electric Supply Company Limited
Deficiency in services does not automatically become competition law issue – CCI
The Competition Commission of India held that delays or deficiencies in services do not by themselves constitute violations under competition law.
The Commission clarified that abuse of dominance and anti-competitive agreements operate on a distinct legal threshold.
The Order can be accessed at:
View Details
INFORMATION TECHNOLOGY
Bookyourgym Fitness Private Limited v. Curefit Health care Private Limited & Cultfit Healthcare Private Limited
Court grants injunction restraining Cure.fit from launching similar product names
The Bangalore City Civil Court granted a temporary injunction restraining Cure.fit from launching or marketing products using names such as “Gym.Fit”, “CultX” and “Sports.fit”.
The Court observed prima facie trademark concerns raised by BookYourGym Fitness Private Limited.
The Order can be accessed at:
View Details
Juggernaut Books Pvt Ltd v. Inkmango Inc and Ors
Delhi High Court restrains foreign company from using “Juggernaut” trademark
The Delhi High Court restrained New York-based Ink Mango Inc from using the term “Juggernaut” in connection with publishing activities and directed blocking of the associated domain name.
The Court held that the use infringed trademark rights belonging to Juggernaut Books Private Limited.
Zee Entertainment Enterprise Ltd v. Meghbela Cable and Broadband Services Pvt Ltd
TDSAT directs cable operator to cooperate in audit proceedings
The Telecom Disputes Settlement and Appellate Tribunal directed Meghbela Cable and Broadband Services Pvt Ltd to cooperate in an independent audit sought by ZEEL.
The Tribunal observed that non-supply of historical data was obstructing progress of the audit process.
The Order can be accessed at:
View Details
