Category: Blogs
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Case update: Bharat Road Carrier Private Limited v. Rasna Private Limited
Decided on 01 September 2013 | NCLT Ahmedabad Following an application from an operational creditor to commence a Corporate Insolvency Resolution Process (CIRP) against a prominent player in the beverage industry, the National Company Law Tribunal, Ahmedabad Bench (NCLT), held that initiating civil proceedings after the issuance of a Demand Notice should not be regarded…
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New regulations offer opportunity for fast-track and emergency arbitrations
New regulations unveiled on 31 August 2023 provide guidance on arbitrations at the India International Arbitration Centre. The regulations provide for procedures which are aimed at achieving fast, fair and efficient conduct of arbitration.
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Case update: John Maxwell Morgan v. McMillan Investment Holdings PTY. LTD.
The key legal principles arising from this case revolve around the interpretation and application of specific provisions within Australian corporate and insolvency law. The case addresses the issue of when companies in liquidation can be considered part of a joint business scheme or undertaking for the purpose of pooling their assets and liabilities.
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Case update: Parekh Plastichem Distributors LLP Vs. Simplex Infrastructure Limited
Decided on 14 September 2023, High Court of Bombay In Parekh Plastichem Distributors v. Simplex Infrastructure, the High Court of Bombay considered conflicting arbitration clauses in purchase orders and invoices and held that the arbitration clause contained in the purchase orders would govern the parties. Facts Parekh Plastichem Distributors LLP (the Applicant) supplied micro silica…
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Case Update: Anupam Mittal Vs. People Interactive (India) Pvt. Ltd. and others
The case of Anupam Mittal Vs. People Interactive (India) Pvt. Ltd highlights the significance of the National Company Law Tribunal’s exclusive jurisdiction for claims for oppression and mismanagement and throws light on the Indian Courts’ approach to issues of arbitrability and anti-enforcement injunctions against orders of foreign courts.
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How artificial intelligence can assist insolvency practitioners
Managing the intricacies of insolvency and bankruptcy cases in a densely populated and economically diverse country like India continues to pose formidable challenges. To effectively navigate these complexities and streamline the process, the use of Artificial Intelligence (“AI”) has emerged as a promising solution.
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Why traditional knowledge needs better IP protection
The lack of proper legal policy frameworks for the protection of traditional knowledge in emerging economies provides a vacuum for industrialized nations to exploit traditional knowledge and the resources of indigenous communities.
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Treatment of non-compete/non-solicitation covenants in the eyes of the Courts in Singapore and India
When a company wants to ensure its ‘secret sauces’ aren’t being shared with its rivals, a non-compete and non-solicitation clauses comes in handy. This article sets out how courts in Singapore and India view these restrictive covenants.
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Recent developments in Indian insolvency law
Clarification on Ineligibility of Resolution Applicants In a significant ruling in the case of M.K. Rajagopalan v. Dr. Periasamy Palani Gounder & Anr., the Supreme Court has clarified that a resolution applicant cannot be presumed ineligible under Section 164(2)(b) of the Companies Act, 2013, unless a competent authority explicitly declares their disqualification as a director.…
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Indian parliament approves new Mediation Bill
Last week saw a flurry of activity around the announcement that both houses of the Indian parliament had passed the Mediation Bill. The text of the bill, as passed by parliament, is not available yet. What is available is the text of the bill as introduced in parliament nearly two years ago in 2021. This…