ALTERNATIVE DISPUTE RESOLUTION
Surender Kumar Singhal & Ors. v. Arun Kumar Bhalotia & Ors.
Arbitral Tribunal ought to decide Section 16 objections – 25 March 2021
The Delhi High Court held that an arbitral tribunal ought to decide objections under Section 16 of the Arbitration & Conciliation Act, 1996 as soon as possible as a preliminary issue.
The Court observed that the statute contemplates that objections regarding jurisdiction must be raised and decided with urgency to avoid unnecessary arbitral proceedings and costs.
It further clarified that interference under Article 226/227 is permissible only in exceptional circumstances where orders are patently lacking jurisdiction.
The Judgement can be accessed at:
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Sanjiv Prakash v. Seema Kukreja and Ors.
Question of novation of contract cannot be considered in a Petition filed Under Section 11 of Arbitration and Conciliation Act, 2019 – 6 April 2021
The Supreme Court observed that the question of novation of a contract containing an arbitration clause cannot be decided in proceedings under Section 11 of the Arbitration and Conciliation Act.
The Court further held that issues relating to novation require detailed examination and cannot be conclusively determined through limited prima facie review.
The Judgement can be accessed at:
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PASL Wind Solutions Private Limited v. GE Power Conversion India Private Limited
Indian Parties Can Choose A Foreign Seat For Arbitration: Supreme Court
The Supreme Court held that parties to a contract who are Indian nationals or companies incorporated in India can choose a forum for arbitration outside India.
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COMPETITION & UNFAIR TRADE PRACTICE
Competition Commission of India approves proposed combination relating to acquisition of Principal Asset Management Private Limited
CCI approves acquisition by Sundaram Asset Management Company Limited – 6 April 2021
The Competition Commission of India approved the proposed acquisition of Principal Asset Management Private Limited, Principal Trustee Company Private Limited, and Principal Retirement Advisors Private Limited by Sundaram Asset Management Company Limited.
The proposed combination also involved transfer of schemes of Principal Mutual Fund to Sundaram Mutual Fund.
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CCI approves acquisition of shareholding in Magma Fincorp Limited
Acquisition by Rising Sun Holdings Private Limited and others – 12 April 2021
The Competition Commission of India approved acquisition of stake in Magma Fincorp Limited by Rising Sun Holdings Private Limited, Mr. Sanjay Chamria and Mr. Mayank Poddar.
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CCI approves acquisition of 89.6% equity shareholding of Gangavaram Port Limited
Acquisition by Adani Ports and Special Economic Zones Limited – 13 April 2021
The Competition Commission of India approved acquisition of 89.6% shareholding in Gangavaram Port Limited by Adani Ports and Special Economic Zones Limited.
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Inox Renewables Ltd v. Jayesh Electricals Ltd
Changed Venue becomes Seat of Arbitration when mutually agreed – 13 April 2021
The Supreme Court held that when parties mutually change the venue or place of arbitration, the changed venue automatically becomes the seat of arbitration.
Accordingly, courts at the changed venue will have jurisdiction over arbitral proceedings.
The Judgement can be accessed at:
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CORPORATE
Jayamma Xavier v. Registrar of Firms
Limited Liability Partnership (LLP) can Form a Partnership Firm with an Individual or Other Persons – 8 April 2021
The Kerala High Court held that a Limited Liability Partnership (LLP) can form a partnership firm with an individual or other persons.
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Bay Capital Advisors Pvt Ltd v. IL & FS Financial Services Ltd & Ors.
NCLAT has no jurisdiction over High Court in Arbitration plea – 9 April 2021
The Bombay High Court held that the National Company Law Appellate Tribunal (NCLAT) has absolutely no jurisdiction over proceedings under the Arbitration and Conciliation Act, 1996 before the High Court.
The Court further clarified that NCLAT has no authority to stay arbitration-related proceedings before High Courts.
The Judgement can be accessed at:
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Union of India v. Vijaykumar V Iyer
Spectrum Government property, can’t be held as ‘security’ – 13 April 2021
The NCLAT held that wireless spectrum held by a telecom company undergoing insolvency cannot be treated as a security interest because the spectrum remains property of the Government.
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Ghanashyam Mishra and Sons Private Limited v. Edelweiss Asset Reconstruction Company Limited
Claims not part of resolution plan extinguished after approval – 13 April 2021
The Supreme Court held that once a resolution plan is approved by the NCLT, all claims not forming part of the approved plan shall stand extinguished.
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Asset Reconstruction Company (India) Limited v. Bishal Jaiswal & Anr.
Balance sheets can amount to acknowledgment of debts under Section 18 of Limitation Act – 15 April 2021
The Supreme Court set aside the NCLAT ruling and held that balance sheets can amount to acknowledgment of debt under Section 18 of the Limitation Act.
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INFORMATION TECHNOLOGY
Ashif Husain v. The State of Madhya Pradesh
Madhya Pradesh High Court directs civic body to decide on mobile tower complaint – 7 April 2021
The Jabalpur Bench of the Madhya Pradesh High Court directed Urban Local Bodies to decide objections against installation of mobile towers in crowded localities within 15 days.
The petitioners had raised concerns regarding health issues allegedly caused by mobile tower installations in dense residential areas.
The Court disposed of the writ petition granting liberty to approach the competent authority for redressal.
The Order can be accessed at:
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