“GOOD JUDGMENT COMES FROM EXPERIENCE. AND WHERE DOES EXPERIENCE COME FROM? EXPERIENCE COMES FROM BAD JUDGMENT.”
ALTERNATIVE DISPUTE RESOLUTION
Hindustan Petroleum Corporation Ltd v. Banu Constructions and A M Atri
Arbitration Court cannot indulge in fact-finding exercise while deciding application for setting aside Arbitral Award – 9 February 2021
The High Court clarified that while a regular appellate court may re-appreciate evidence and conduct a fact-finding exercise, such authority is not available to an Arbitration Court dealing with a petition for setting aside an arbitral award.
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COMPETITION & UNFAIR TRADE PRACTICE
Competition Commission of India trashes alleged cartelisation case among domestic airlines
CCI finds no evidence of cartel among airlines – 22 February 2021
The Competition Commission of India dismissed allegations of cartelisation among domestic airlines after investigation found no evidence of collusive conduct.
The DG observed that price parallelism alone cannot establish cartelisation in the absence of evidence showing communication or agreement between competitors.
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Competition Commission of India approves acquisition of API Holdings Private Limited shareholding
Acquisition approved in favour of CDPQ Private Equity Asia Pte. Ltd. – 23 February 2021
The Competition Commission of India approved acquisition of approximately 2% equity shareholding in API Holdings Private Limited by CDPQ Private Equity Asia Pte. Ltd.
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Competition Commission of India approves acquisition of Tata Communications Limited
Acquisition by Panatone Finvest Limited – 23 February 2021
The Competition Commission of India approved the acquisition of Tata Communications Limited by Panatone Finvest Limited under the Competition Act, 2002.
The proposed transaction would increase Tata Group’s shareholding up to 74.99%.
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Competition Commission of India approves acquisition proposals by PGP Glass Private Limited
CCI approves multiple acquisition proposals under Competition Act – 23 February 2021
The Competition Commission of India approved acquisition proposals involving businesses related to glass packaging and decoration by PGP Glass Private Limited.
The acquiring entity is affiliated with funds advised by Blackstone.
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Competition Commission of India approves merger involving NAM Estates and Embassy One Commercial Property Developments
Proposed merger into Indiabulls Real Estate approved – 25 February 2021
The Competition Commission of India approved the proposed merger of NAM Estates and Embassy One Commercial Property Developments into Indiabulls Real Estate Limited.
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Competition Commission of India approves acquisition stake in Technip Energies B.V.
Acquisition by Bpifrance Participations S.A approved – 25 February 2021
The Competition Commission of India approved acquisition of stake in Technip Energies B.V. by Bpifrance Participations S.A.
The transaction involved acquisition of 11.82% to 17.25% stake in the target company.
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CORPORATE
National Aviators’ Guild (NAG) v. Ashish Chhawchharia & Committee of Creditors of Jet Airways (India) Ltd
NCLT rejects Jet Airways staff unions’ plea regarding resolution plan – 22 February 2021
The Mumbai Bench of NCLT rejected pleas filed by employee unions seeking disclosure and review of Jet Airways’ resolution plan.
The Tribunal observed that delay in approving the plan would increase CIRP costs and adversely affect all stakeholders.
The Order can be accessed at:
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Anil Tayal, Resolution Professional for M/s Horizon Buildcon Pvt Ltd v. Committee of Creditors of M/s Horizon Buildcon Pvt Ltd
Period of Judicial Intervention to be excluded while computing CIRP period – 23 February 2021
The NCLAT held that the period consumed due to judicial intervention should be excluded while calculating the Corporate Insolvency Resolution Process period.
The Order can be accessed at:
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Asha John Divianathan v. Vikram Malhotra & Ors
Foreigners cannot transfer immovable property in India without RBI permission – 26 February 2021
The Supreme Court held that previous permission from the Reserve Bank of India is mandatory for transfer or mortgage of immovable property in India by non-citizens.
The Court further held that transfers without prior RBI approval are unenforceable and prohibited under law.
The Judgement can be accessed at:
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INFORMATION TECHNOLOGY
Amarjit Samuel Datt v. Union of India Through Secretary Department of Telecommunication & Ors
Allahabad High Court dismisses plea seeking removal of mobile towers for maintaining public health – 8 February 2021
The Allahabad High Court dismissed a writ petition seeking removal of mobile towers from residential areas on public health grounds.
The Court observed that such technical and policy matters are best left to the wisdom of the Government and implementing agencies.
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PROPERTY
Khushi Ram & Ors v. Nawal Singh & Ors
Consent decree recognising pre-existing rights under family settlement does not require registration
The Supreme Court held that a consent decree based on admission recognising pre-existing rights under a family settlement does not require compulsory registration under the Registration Act.
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ENVIRONMENT
Sridevi Datla v. Union Of India
Supreme Court restores appeal before NGT against environmental clearance for Vishakapatnam Greenfield International Airport
The Supreme Court set aside the NGT order dismissing an appeal challenging environmental clearance granted for the Greenfield International Airport project at Bhogapuram, Vishakapatnam.
The Court noted that delay occurred due to voluminous technical documents requiring expert review.
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