GENIUS, LIKE GOLD AND PRECIOUS STONES, IS CHIEFLY PRIZED BECAUSE OF ITS RARITY.
MARK TWAIN
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 (HC) held that commercial matters involving Arbitration disputes can only be heard by commercial court of the status of district judge or additional district judge. The Bench held that the language employed in the definition clause of “Court” in Section 2(1)(c) of the Arbitration Act shows that the Legislature intended to confer power in respect of disputes involving Arbitration on the highest judicial court of the district. This was done to minimize supervisory role of courts in the arbitral process.
The Order can be accessed at: ReadMore
- Dakshin Haryana Bijli Vitran Nigam Ltd v. Navgant Technologies Pvt Ltd
Period of limitation for filing Petition Under S.34 Arbitration & Conciliation Act, 1996 to be reckoned from the date of receipt of the signed copy of the Arbitral Award – 2 March 2021
The Supreme Court, while dealing with computation of limitation period where the dissenting opinion of an arbitrator was provided later to parties, held that the limitation period starts only from the date on which the signed copy of the final award is received. No finality in the award occurs until it is signed.
The Judgement can be accessed at: https://main.sci.gov.in/supremecourt/2020/17590/17590_2020_43_1501_26606_Judgement_02-Mar-2021.pdf
- Amway Enterprises Pvt Ltd v. Ravindranath Rao Sindha & Anr
Where one party habitually resides in a foreign country, Arbitration becomes an international commercial Arbitration even when the business is conducted through an office in India – 4 March 2021
The Division Bench addressed the nature of Arbitration under Arbitration and Conciliation Act, 1996. If one party is a foreign national or habitually resident abroad, the Arbitration becomes international commercial arbitration even if business is conducted in India.
The Judgement can be accessed at: https://www.livelaw.in/pdf_upload/amway-india-v-ravindranath-raosc133-390248.pdf
- Bharat Sanchar Nigam Limited v. Nortel Networks India Pvt
When Claim Ex-Facie Barred, Court can decline reference Under Section 11 of Arbitration & Conciliation Act – 10 March 2021
The Supreme Court held that only in cases where claims are ex facie time-barred, can the Court refuse to make reference under Section 11. Computation of limitation applies Section 137 of Limitation Act, 1963.
The Judgement can be accessed at: https://indiankanoon.org/doc/118956979/
COMPETITION & UNFAIR TRADE PRACTICE
- Federation of Hotel & Restaurant Associations of India (FHRAI) and Casa2 Stays Pvt Ltd v. MakeMyTrip India Pvt Ltd (MMT) & Ors
CCI asks MakeMyTrip to relist FabHotels, Treebo after their delisting post tie-up with OYO – 9 March 2021
The Competition Commission of India (CCI) ordered MakeMyTrip to relist properties of FabHotels and Treebo following an ongoing probe for anti-competitive arrangements with OYO.
The Order can be accessed at: https://www.livelaw.in/pdf_upload/interimorder14-of-2019and01-of-2020-390505.pdf
- People’s All India Anti-Corruption and Crime Prevention Society v. Usha International Ltd & Others
CCI issues order against three suppliers for rigging bids – 17 March 2021
The CCI found agreement among three suppliers to rig bids in a tender by Pune Zilla Parishad. Close bid prices and other evidence demonstrated collusion.
The Order can be accessed at: http://www.cci.gov.in/sites/default/files/90-of-2016.pdf
CORPORATE
- Navinchandra Steels Private Limited v. Srei Equipment Finance Limited & Ors
Petition Under S.7 Or S.9 IBC is independent of winding up proceedings – 1 March 2021
The Supreme Court held that Corporate Insolvency Resolution Process under Section 7 IBC is independent of winding up under Companies Act, 2013. The focus is on revival of the corporate debtor through new management infusion.
The Judgement can be accessed at: https://main.sci.gov.in/supremecourt/2020/27013/27013_2020_33_1504_26551_Judgement_01-Mar-2021.pdf
- Kridhan Infrastructure Pvt Ltd (Krish Steel and Trading Pvt Ltd) v. Venkatesan Sankaranarayan & Ors
Time is a crucial facet of scheme under IBC – 1 March 2021
The SC observed that liquidation was allowed by NCLT. NCLAT noted the appellant failed to implement the Resolution Plan over eight months. Timely compliance is critical under IBC.
The Judgement can be accessed at: https://main.sci.gov.in/supremecourt/2020/20280/20280_2020_36_1_26554_Judgement_01-Mar-2021.pdf
- Gujarat Urja Vikas Nigam Limited v. Mr Amit Gupta & Ors
Supreme Court on Corporate Debtor Insolvency – 8 March 2021
SC observed NCLT has jurisdiction to adjudicate contractual disputes arising from corporate debtor insolvency. For disputes outside insolvency, RP must approach relevant authority.
The Judgement can be accessed at: https://main.sci.gov.in/supremecourt/2019/42523/42523_2019_36_1503_26738_Judgement_08-Mar-2021.pdf
- State Bank of India v. Mr Animesh Mukhopadhyay
Claim maintainable in CIRP against both Principal Borrower, Corporate Guarantor until payment received – 8 March 2021
NCLAT held lender’s claim can be maintained in CIRP against both Principal Borrower and Corporate Guarantor until payment is received.
The Order can be accessed at: https://nclat.nic.in/Useradmin/upload/46341585760489071b4b31.pdf
- Orator Marketing Pvt Ltd v. Samtex Desinz Pvt Ltd
Interest free loan cannot be treated as financial debt without evidence – 8 March 2021
NCLAT ruled that interest free loan is not financial debt unless evidence shows disbursement for time value of money.
The Judgement can be accessed at: https://nclat.nic.in/Useradmin/upload/179888358260475e3439509.pdf
INFORMATION TECHNOLOGY
- Sakshi Malik v. Venkateshwara Creations Pvt Ltd & Ors
Bombay HC allows Amazon Prime to re-release Telugu film post edit – 2 March 2021
The Bombay HC allowed edited version of Telugu film ‘V’ to release on Amazon Prime Video after removal of objectionable images.
The Order can be accessed at: https://www.livelaw.in/pdf_upload/media-order-march-6kar-hc-390385.pdf
