Explained| Does failure to publish an advertisement lead to the automatic dismissal winding up petition?
Supreme Court: In the case where the bench of Hemant Gupta and V. Ramasubramanian*, JJ upheld NCLAT’s order of winding up of
Arbitration
“Can’t allow Devas and its shareholders to reap the benefits of their fraudulent action”; SC upholds NCLAT’s order to wind up Devas
“If the seeds of the commercial relationship between Antrix and Devas were a product of fraud perpetrated by Devas, every part of the plant that grew out of those seeds, such as the Agreement, the disputes, arbitral awards etc., are all infected with the poison of fraud.”
Corporate Insolvency, Claims against Corporate Debtor and Period of Limitation; SC assesses impact of COVID-19 pandemic
Supreme Court: In a case relating to Corporate Insolvency, the Division Bench comprising of Indira Banerjee* and J.K. Maheshwari, JJ., quashed the
Is Arbitration Tribunal empowered to award compound interest? Supreme Court Answers
Supreme Court: The 3-judge Bench comprising of N.V. Ramana, CJ., A.S. Bopanna and Hima Kohli*, JJ., held that Arbitral Tribunal is empowered
The Subtle Art of Interfering: Amazon-Future Retail “Anti-Arbitration” Injunction Saga
by Shashank Garg* and Aakanksha Kaul**
Amazon v. Future | ‘Stay’ on proceedings before Singapore Tribunal; Prima Facie case in favour of Future Group
Delhi High Court: The Division Bench of D.N. Patel, CJ and Jyoti Singh, J., stayed the arbitration proceeding in Amazon v. Future
Explained| Can An Award Be Remitted To The Arbitrator In Absence Of Findings On The Contentious Issues?
Supreme Court: Explaining the provision of remission under Section 34 (4) of the Arbitration and Conciliation Act, 1996, the bench of R.
Can Section 12(5) of Arbitration Amendment Act, 2015 be invoked retrospectively? Supreme Court answers
Supreme Court: Applying the rule against bias and neutrality of the Arbitrator, the Division Bench of M.R. Shah* and B.V. Nagarathna, jj.,
MP HC | Dismissal of application under S. 34 of Arbitration and Conciliation Act of 1996 on ground of limitation will come within the purview of refusing to set aside an arbitration award
Madhya Pradesh High Court: Vishal Dhagat, J. allowed an arbitration appeal against an impugned order passed by the First ADJ of Balaghat
865 Judgments, 4 Sitting Women Judges and A Hope For First Woman CJI| An All-inclusive Supreme Court 2021 Roundup
Year 2021! The year that started with the hope of the COVID-19 Pandemic nearing an end with countries starting vaccination, ended up
Delhi High Court’s Exhaustive Year-End RoundUp | Amazon v. Future Retail, Rakesh Asthana’s appointment, Feeding of Stray Dogs, 5G Technology, Delhi Riots & more
From major rulings like Amazon v. Future Group to 22 Guidelines on Feeding of Stray Dogs, Delhi High Court delivered some very
Mediation Bill, 2021 introduced in Rajya Sabha
On December 20, 2021, a Mediation Bill (Bill No. XLIII of 2021) has been introduced in Rajya Sabha with an object to
Scope of interference by HC under Art. 227 of Constitution of India: Can an interlocutory order of a Commercial Court be challenged in High Court? Del HC explains
Delhi High Court: Amit Bansal, J., decided under whether the High Court under Article 227 of the Constitution of India can interfere
Not open to approach M.P. Arbitration Tribunal in reference when the very same claim is already decided by Arbitrator appointed by High Court: Supreme Court
Supreme Court: The Division Bench of M. R. Shah* and B.V. Nagarathna, JJ., held that where the Arbitrator appointed by the High
Kar HC | Excepted/excluded matters in arbitration agreement cannot be referred to resolution by way of arbitration
Karnataka High Court: SR Krishna Kumar, J., disposed of the petition and directed the petitioner-company to avail such remedies as available in
All HC | Can Executing Court’s order for enforcement of arbitral award be challenged under Art. 226? HC decides
Allahabad High Court: Dr Yogendra Kumar Srivastava, J., held that, Section 36 of the 1996 Act makes the arbitral award capable of
Can NCLT entertain an arbitrable dispute? SC sets the yardsticks of residuary powers of NCLT under IBC
“The residuary jurisdiction of the NCLT cannot be invoked if the termination of a contract is based on grounds unrelated to the insolvency of the Corporate Debtor.”
High Courts Monthly RoundUp — November 2021
Here’s a short recap of what we covered under the High Court’s section on the SCC Online Blog for the month of November.
‘General phraseology of a contract cannot constitute agreement to apply statutory amendments retrospectively’; SC holds contractual clauses cannot run contrary to legislative intent
Supreme Court: The Division Bench of Sanjay Kishan Kaul and M.M. Sundresh, JJ., held that a generally worded clause of a contract