Case Analysis

21st Dec, 2018

Section 14 of the Limitation Act is applicable to a proceeding under Section 34 of the Arbitration and Conciliation Act, 1996 subject to the mandatory time limit of thirty days

The Apex court reiterated that benefit of Section 5 of the Limitation Act is not applicable to a proceeding under Section 34 of the Arbitration and Conciliation Act, 1996 and the time period of thirty […]
20th Dec, 2018

The amendment in Section 30 of the Insolvency and Bankruptcy Code, 2016 shall be applicable to all Resolution Plans which were not approved by the Committee of Creditors or by Adjudicating Authority on the date of amendment.

The Ld. National Company Law Appellant Tribunal after observing the amendments in Section 30 of the Insolvency and Bankruptcy Code 2016 held that the amendment brought under the said section by amending the words “seventy […]
19th Dec, 2018

Appeal abates as a whole if legal heirs of deceased defendants are not impleaded and allowing the appeal against remaining respondents would result in two contradictory decrees with respect to the same subject matter

The Supreme Court held that if the interests of the co-defendants are separate, a suit will abate under Order XXII Rule 4 of CPC only as regards the particular interest of the deceased party, however […]
19th Dec, 2018

The time period of fifteen days prescribed by Section 13(3A) of the SARFAESI Act is only directory even though the compliance of the sub-section itself is mandatory

The Delhi High Court affirmed that compliance of Section 13(3A) of the SARFAESI Act is mandatory however, the period of fifteen days provided to the lender for responding to the objections of the borrower is […]
18th Dec, 2018

Jurisdiction to execute foreign arbitration award continues with the High Court, despite the change in pecuniary jurisdiction as per 2015 amendment to Delhi High Court Act

The Delhi High Court has held that jurisdiction to execute foreign arbitration award continues with the High Court, despite the change in pecuniary jurisdiction as per 2015 amendment to Delhi High Court Act. The said […]
15th Dec, 2018

Any Challenge to appointment of Arbitrator should be raised before the Arbitrator himself in the first instance

The Supreme Court has held that any challenge to the arbitrator appointed should be raised before the arbitrator himself under Section 13 of the Arbitration and Conciliation Act 1996 in the first instance and thereafter […]
12th Dec, 2018

The Registrars/ Joint Registrars of Delhi High Court cannot grant leave to a party for production of its own documents beyond the stage prescribed for production.

The Hon’ble High Court of Delhi while interpreting Rule 3 of the Delhi High Court Rules 2018 read with Orders VII, VIII and XI of the Code of Civil Procedure 1908 held that in the […]
11th Dec, 2018

Order XXXIX Rule 10 is applicable where a party to suit admits that he holds money as a trustee for another party

In a recent judgment, the Delhi High Court, held that enjoyment of a property without payment of any charges by the occupier who is not an owner is impermissible. The said ruling was delivered in […]
10th Dec, 2018

Revision Petition against Appeal in Enforcement Proceedings in Consumer Complaint not maintainable

The Delhi High Court has ruled that a revision petition is not maintainable against an appeal in enforcement proceedings in a consumer dispute. The said ruling was held in the matter of K.A Nagamani Vs. […]
8th Dec, 2018

An ex-parte judgment cannot be set aside by simply blaming the previous counsel.

The Hon’ble High Court of Delhi rejected the contention of the Appellant challenging the dismissal of his application under Order IX Rule 13 by the Trial Court. The Delhi Court held that the litigant owes […]
7th Dec, 2018

Dispute raised for first time in reply about quality of goods will not constitute preexisting dispute about operational debt under Insolvency and Bankruptcy Code, 2016

The National Company Law Appellate Tribunal has held that a dispute raised for the first time in reply to demand notice or in response to Adjudicating Authority regarding quality of goods will not amount to […]
6th Dec, 2018

Disposal of suit under Order XXIII Rule 3 & Mediation and Conciliation Rules of 2004: a written agreement and signed by parties to the suit

In a recent judgment, the Delhi High Court observed in a reference under Section 113 of the Civil Procedure Code, 1908 on the Mediation and Conciliation Rules of 2004, that if there exists an agreement […]