Supreme Court

20th Aug, 2021

Clearing cloud over jurisdiction of court in entertaining petitions under Sections 9, 11 and 34 of Arbitration and Conciliation Act, 1996

Determination of jurisdiction of a court in entertaining petitions under Sections 9, 11 and 34 of Arbitration and Conciliation Act, 1996 (Act), in respect of domestic arbitration to say the least, is confusing. It gets […]

28th Jul, 2021

Letter of intent is not a binding contract unless such an intention is evident from its terms

In the matter of South Eastern Coalfields Limited vs M/s S. Kumar Asoociates AKM (JV) (LL 2021 SC 325) decided by the Supreme Court of India on 23.06.2021 FACTS: The appellants, a government company […]

10th Jul, 2021

Filing of caveat by itself does not entitle caveators to be treated as a party to the proceedings

In the matter of Sanjay Prakash vs. Union of India (LL 2021 SC 283) decided on 28.06.2021 FACTS: Under consideration was inter-alia a plea of Central Indian Police Service Association to intervene in a Special […]

8th Jun, 2021

Contempt action can be taken only in respect of established wilful disobedience of court order

In the matter of Abhishek Kumar Singh vs. G. Pattanaik [Contempt Petition (Civil) 625¬-626 OF 2019] decided on 03.06.2021 by the Hon’ble Supreme Court FACTS: In these batch cases, the Uttar Pradesh Jal Nigam annulled […]

5th Jun, 2021

Approval of a resolution plan falls exclusively in the domain of the commercial wisdom of CoC with limited scope of judicial review under Section 31, 32 read with Section 61 of the IBC

In the matter of India Resurgence Arc Private Limited v. M/s Amit Metaliks Limited & Anr. in Civil Appeal no. 1700 of 2021 decided on 13.05.2021 decided by the Supreme Court. Facts: The appellant challenged […]

28th May, 2021

Corporate insolvency can be initiated against a guarantor who is a corporate debtor when the principal borrower, regardless of him not being a corporate person, has committed default in payment.

In the matter of Laxmi Pat Surana Vs. Union Bank of India & Anr. in Civil Appeal No. 2734 of 2020, decided by the Hon’ble Supreme Court on 26.03.2021 Facts of the case- Respondent No.1 […]

26th May, 2021

Resolution plan does not ipso facto discharge a personal guarantor (of a corporate debtor) of her or his liabilities under the contract of guarantee

In the matter of Lalit Kumar Jain. Vs. Union of India & Ors. in Transferred Case (Civil) No. 245/ 2020 decided on 21.05.2021 by the Supreme Court. Facts: The vires of the following notification dated […]

22nd May, 2021

Courts have limited scope of judicial review in economic policy matters which is ordinarily in the domain and purview of the Government unless the economic policy decision is patently arbitrary, mala fide and /or violative of law, statute and Constitution of India

Small Scale Industrial Manufacturers Association (Regd.) Vs Union of India& Ors. decided on 23.03.2021 by the Hon’ble Supreme Court FACTS: The present writ petition was preferred under Article 32 of the Constitution of India by […]

18th May, 2021

An application under Section 8 of the Arbitration and Conciliation Act, 1996 is not maintainable after admission of Section 7 IBC petition as the dispute becomes non-arbitrable

In the matter of Indus Biotech Private Limited vs. Kotak India Venture (Offshore) Fund & Ors. in Civil Appeal No. 1070/ 2021 and Arbitration petition (Civil) No. 48/2019 decided on 26.03.2021 by the Supreme Court. […]

16th May, 2021

Mere correspondence between the parties would not extend the period of limitation for filing an application under Section 11 seeking the appointment of an arbitrator.

Secunderabad Cantonment Board v. B. Ramachandraiah and Sons decided on 15.03.2021 by the Hon’ble Supreme Court FACTS: The present matter involves appeals that arise out of petition under Section 11 of the Arbitration and Conciliation […]

16th May, 2021

Existence of an arbitration clause does not debar the Court from entertaining a writ petition.

In the matter of Uttar Pradesh Power Transmission Corporation Ltd. and Anr Vs. CG Powe and Industrial Solutions Limited and Anr. in SLP (C) No. 8630/2020 decided on 12.05.2021 General Conditions of the composite contract […]

11th May, 2021

Period of limitation for filing petition under Sec 11 Arbitration and Conciliation Act, 1996 is governed by Article 137 of the Limitation Act, 1963.

Bharat Sanchar Nigam Ltd. (BSNL) and Anr. v. Nortel Networks India Pvt. Ltd. decided on 10.03.2021 FACTS: In the instant matter, the respondent Nortel Networks India Pvt. Ltd. (Nortel) was awarded a purchase order for […]

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