To Compel or not Compel, Moving the Debate of Mandatory Shareholder Arbitration to India
by Tushar Behl† and Shreshtha Garge††
Companies Act
The Intersection between Arbitration and Insolvency Proceedings: An Indian Perspective
Devna Arora* and Didon Misri**
Does Civil Court have jurisdiction to determine title of shares issued ‘fraudulently’? Calcutta High Court examines
Calcutta High Court | Krishna Rao, J., held that under Companies Act, 2013, Civil Courts have jurisdiction to enquire into
Supreme Court accepts SEBI’s apology and drops contempt proceedings against it
In a matter relating to criminal proceedings against Reliance Industries, SEBI had failed to comply with the Supreme Court’s order directing it to furnish a copy of documents, leading to initiation of contempt proceedings against SEBI.
2022 SCC Vol. 10 Part 2
Arbitration and Conciliation Act, 1996 — Ss. 14(1)(a) and 2(1)(e) r/w Ss. 11(5) and 11(6) — Application seeking termination of
The Clean Slate Theory – IBC’s Version of Hermione’s Obliviate Spell
by Akaant Kumar Mittal†
Cite as: 2022 SCC OnLine Blog Exp 83
2022 SCC Vol. 9 Part 5
Arbitration and Conciliation Act, 1996 — Ss. 7, 8 and 11 — Essential requirements of arbitration agreement: When there is discernible intention
Calcutta High Court | ROC can initiate multiple/ parallel proceedings upon discovery of additional material warranting inquiry under Section 206 of Companies Act
Calcutta High Court | While dismissing a writ petition challenging the capacity of Registrar of Companies (ROC) to initiate multiple/
Green Finance and Environmental Governance
by Kritika Krishnamurthy† and Tapasi Mohapatra††
Failure of Director to contradict allegation of contract of purchase from the Company can only fasten liability for the alleged amount but cannot lead to forfeiture of his office of Director: SC
Supreme Court: In a case where the appellant challenged the forfeiture of his office of Director for allegedly entering into a contract
Differentiating Between Statutory vis-à-vis Contractual Charge Holders – Relevance During Liquidation – Analysis
by Akaant Kumar Mittal†
Cite as: 2022 SCC OnLine Blog Exp 81
Mandatory Pre-Institution Mediation — Effective Remedy to Declog Courts in India
by Abhijnan Jha* and Urvashi Misra**
SC upholds applicability of SEBI Circular; but gives a green signal to Reliance Commercial Finance resolution to avoid “unscrambling of resolution process”
“Such unscrambling of the resolution process will not only prove time-consuming, but may also adversely affect the agreed realized gains to the retail debenture holders, who have already consented to the negotiated settlement before the High Court.”
Signing of charge e-forms by insolvency resolution professional or resolution professional or liquidator for companies under resolution or liquidation vide Companies (Registration of Charges) Second Amendment Rules, 2022
The Central Government has notified the Companies (Registration of Charges) Second Amendment Rules, 2022 to amend the Companies (Removal of Names of
Whether proceedings be entertained for recovery of money realized by sale of assets of company against which winding up proceedings are pending? Rajasthan High Court analyses
Rajasthan High Court: In a case where the secured creditors like Unit Trust of India (‘UTI’) and a workman have preferred their
NCLT| When can a liquidator in a liquidation process be replaced?
National Company Law Tribunal, Chennai: The Bench of S. Ramathilagam, J., Judicial Member, and Anil Kumar B, Technical Member held that the
Whether fixation of salary of the MD is within the domain of IBC? NCLAT explains
National Company Law Appellate Tribunal, New Delhi (NCLAT): The Coram of Justice Ashok Bhushan (Chairperson) and Shreesha Merla (Technical Member) held that
Court of Additional Judicial Commissioner, Ranchi designated as Special Court under Companies Act
Central Government designates the Court of Additional Judicial Commissioner, Ranchi in the State of Jharkhand as a Special Court for the purposes