Author: aarnalawadmin
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CTI Future Corporation v. Ducgiang Chemical & Detergent Powder Joint Stock Company
Decided on 11th August 2022 | High Court of Karnataka The Hon’ble Karnataka High Court (“the Court”) has held that a foreign award rendered between parties that do not carry-on business in India can be enforced by Indian Courts if the assets against which the award is sought to be enforced lies within the territorial…
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Vijay Kumar Ghai v. Pritpal Singh Babbar1
Decided on 4th July 2022 | High Court of Punjab and Haryana In Vijay Kumar Ghai v. Pritpal Singh Babbar, the Hon’ble Punjab and Haryana High Court (“the Court“) held that proceedings initiated under Section 138 of the Negotiable Instruments Act, 1881 (“NI Act“), against a Personal Guarantor (“PG“), shall remain stayed by the virtue…
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Vishnu Oil Mill Pvt. Ltd. v. Union of India
Decided on 25 July 2022 | Rajasthan High Court In Vishnu Oil Mill Pvt. Ltd. vs Union of India, the High Court of Rajasthan (“the Court“) observed that the provision in question i.e., Section 7 of the Insolvency and Bankruptcy Code (“IBC“) as amended by Gazette Notification released on 05.06.2020, allows for no other interpretation…
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Knit Pro International vs State of NCT of Delhi Criminal Appeal No. 807 of 2022
Decided by the Supreme Court of India on May 20, 2022 Facts The Appellant had filed an application under Section 156(3) of the Code of Criminal Procedure (“Cr.P.C.”), seeking instructions from the Chief Metropolitan Magistrate for the filing of a FIR against the Respondent-Accused (“Accused”) for violations of Sections 51, 63, and 64 of the…
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Case Update: Bank of Baroda. vs. MBL Infrastructure
Decided on 18 January 2022| Supreme Court of India In Bank of Baroda & Anr. v. MBL Infrastructures Ltd. & Ors., the Supreme Court (“Court”) interpreted Section 29A of the Insolvency and Bankruptcy Code, 2016 (“IBC”). The Court clarified whether a guarantor whose guarantee is invoked by a creditor is ineligible to submit a resolution…
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Case Update: Messer Griesheim Gmbh v. Goyal MG Gases Private Limited
Decided on 28 January 2022| High Court of Delhi Background This case considered the question as to whether the High Court of Delhi in exercise of its original jurisdiction is a competent Court to entertain a petition for executing a money decree(in excess of Rs. 20 lakhs) of a foreign Court which is notified as…
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Case Update M/s Pathanjali Ayurved Ltd. & Anr. vs Arudra Engineers Pvt. Ltd.
Decided on 02 February 2021 | Madras High Court A Division Bench of the Hon’ble Madras High Court (“HC“) comprising Justice R. Subbiah and Justice C. Saravanan D, in M/s Pathanjali Ayurved Ltd. & Anr. vs Arudra Engineers Private Ltd. (2021) 2 MLJ 180, dealt with the trademark ability of dissimilar marks under Section 29(4)…
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‘India and Bilateral Investment Treaties’: A summary of the recommendations in the 10th Report of the Committee on External Affairs, Ministry of External Affairs
Members of the Aarna Law team have had the privilege of representing the Republic of India for the past 6 years in two significant investment treaty arbitrations brought against her by investors under the India-UK Agreement for the Promotion and Protection of Investments. This is a summary of the Recommendations (14 Nos.) put forth by…
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Case Update: Future v. Amazon
An overview of recent legal developmentsAs discussed in our previous Updates on the Amazon-Future group dispute, the Hon’ble Supreme Court of India (“Supreme Court”) upheld the Judgement dated 18 March 2021 of the Single Bench of the Delhi High Court in favour of Amazon.com NV Investment Holdings LLC (“Amazon”). The Supreme Court vide order dated 6th August, 2021 set aside…
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Case Update : Ebix Singapore Private Limited and Ors. v. Committee of Creditors of Educomp Solutions Limited and Ors.
Decided on 13 September 2021 | Supreme Court of India The division bench of the Hon’ble Supreme Court (“SC“) comprising of Justice D.Y. Chandrachud and Justice M.R. Shah in Ebix Singapore Private Limited and Ors. v. Committee of Creditors of Educomp Solutions Limited and Ors. 2021 SCC Online SC 707 has settled the issue…