interim order Archives

Order of stay/moratorium under the Companies Act, 2013 prohibits the initiation of any proceedings; Parties cannot be referred to Arbitration: Delhi High Court

The Delhi High Court ruled that the moratorium granted by the NCLAT, staying the institution of suits and proceedings against the Corporate Debtor, after the resolution process was initiated against it under Sections 241 and 242 of the Companies Act, 2013, was akin to an order of moratorium passed under Section 14 of the Insolvency and Bankruptcy Code, 2016.

Case Briefs High Courts

Delhi High Court grants ex-parte ad-interim injunction to Tata Sia Airlines Limited in a trade mark infringement suit; restrains Vistara Media Private Limited from using the mark ‘VISTARA’

Delhi High Court: In a case where Tata Sia Airlines Limited filed an application under Order 39 Rules 1 and

Case Briefs Supreme Court

Explained| Commercial Court’s power while dealing with an application under Section 9 of the Arbitration and Conciliation Act, 1996

Supreme Court: The bench of MR Shah* and Krishna Murari, JJ has explained the scope of powers of a Commercial Court while

Case Briefs Supreme Court

Explained| Admiralty Law: Scope of Intra-Court appeals from interim orders to Commercial Appellate Division of the High Court

Supreme Court: The bench of Indira Banerjee* and AS Bopanna, JJ has held that an appeal does not lie to the Commercial

Case Briefs High Courts

Whether Enforcement Case Information Report can proceed while proceedings pursuant to FIR stayed by Court? Madras High Court refrains ED to proceed against Senthil Balaji

Madras High Court: In a case relating to a writ petition filed by Tamil Nadu electricity minister V. Senthil Balaji for issuance

Experts Corner Siddharth R Gupta

Extent, Existence and Expiry of Interim Orders – A Judicial Enigma [Part I]

by Siddharth R. Gupta† and Mayank Bansal††

Case Briefs Supreme Court

Land Acquisition| Compensation under 2013 Act cannot be claimed if award under 1894 Act couldn’t be passed due to pendency of proceedings or interim stay: Supreme Court

Supreme Court: The bench of MR Shah* and BV Nagarathna, JJ has held that in a case where on the date of

Case Briefs High Courts

[Excise Act] Chh HC | Confiscation order can only be challenged when it reaches its finality and the statute does not give any space to challenge any other order except the final one

Chhattisgarh High Court: Goutam Bhaduri, J., allowed the petition and directed the vehicle to be released on certain conditions. The brief facts

Case Briefs Supreme Court

Explained| Does ad hoc payment made pursuant to the interim order of the Court form part of wages?

Supreme Court: The bench of Hemant Gupta and V. Ramasubramanian*, JJ has held that an ad hoc payment made to the workers

Case Briefs High Courts

MEP Infra v. SDMC | Bom HC denies grant of interim relief to MEP Infra

Bombay High Court: The Division Bench of Milind N. Jadhav and S.J. Kathawalla, JJ., refused to grant any ad-interim order in favour

Case Briefs High Courts

J&K and Ladakh HC | Interim Award v/s Interim Order; HC clarifies prerequisites of S. 31 (6) and S. 17 (1)(ii)(e) of the Arbitration and Conciliation Act, 1996

Jammu & Kashmir and Ladakh High Court: Sanjay Dhar, J., clarified the difference between Interim Award and Interim Order. The Bench stated,

Case Briefs High Courts

Del HC | Will the rights of a prior user override those of subsequent user even though it had been accorded registration of its trademark? All-Inclusive Report on Trademark Infringement of ‘Rajdhani’

Delhi High Court: Jayant Nath, J., did a comprehensive analysis of the matter involving trademark infringement. Legacy of Rajdhani Plaintiff had originally

Case Briefs High Courts

[Farmer’s Protest] P&H HC | Person terminated from service due to alleged participation in farmer’s protest in New Delhi; HC directs State to maintain status quo

Punjab and Haryana High Court: Arun Monga, J., had directed to maintain status quo and not to appoint anyone on the post

Case Briefs High Courts

Kar HC | ‘He who comes for relief in equity must come with clean handsʼ; Petition dismissed

Karnataka High Court: P.S. Dinesh Kumar, J., rejects the petition seeking the writ of certiorari against the order of NCLT imposing heavy

Case Briefs Supreme Court

Vizag Gas Leak| SC allows 30 LG Polymers personnel to access the plant till AP HC considers the matter

Supreme Court: In the plea challenging the Andhra Pradesh High Court order dated 22.05.2020 which directed the complete seizure of the LG

Case Briefs Tribunals/Commissions/Regulatory Bodies

SAT | Company floating CIS without registering with SEBI held liable under S. 15-HA of SEBI Act

Securities Appellate Tribunal (SAT): A Two-Member Bench of Justice Tarun Agarwala (Presiding Officer) and Justice M.T. Joshi (Judicial Member) was hearing two

Case Briefs Tribunals/Commissions/Regulatory Bodies

SEBI | Karvy denied the use of Power of Attorney for transfer of securities

Securities Exchange Board of India (SEBI): Anant Barua, Whole Time Member, denied KSBL’s request to permit the continuation of Karvy Stock Broking Limited