Insolvency Professional cannot play two roles viz.‘profession’ and ‘employment’ simultaneously

The Insolvency and Bankruptcy Board of India (“IBBI”), the regulatory body constituted under the Insolvency and Bankruptcy Code, 2016 (the “Code”), in its first order rejected an application for registering an Insolvency Professional (“IP”). The

Two Tier Arbitration

In a recent judgement, a three bench division of the Hon’ble Supreme Court of India in M/S. Centrotrade Minerals & Metal Inc v Hindustan Copper LTD[1]. held that settlement of disputes or differences through two-tier

Nomination Vs. Succession

In a recent judgement the High Court of Bombay in Shakti Yezdani v. Jayanand Jayant Salgaonkar [1]ruled that legal heirs and not the nominees will obtain the ownership rights of share certificates, effectively circumscribing the

Happy New Year – 2017

Foreign Award Unenforceable, If Arbitration Agreement Unsigned

The Delhi High Court in a recent judgement refused the enforcement of the foreign award under section 48 of the Arbitration and Conciliation Act, 1966 (“the Act”) as one party to the contract had not

SARFAESI – DRAT has no Power for Complete Waiver of the Deposit

In a recent judgment[1], the High Court of Bombay held that the Debt Recovery Appellate Tribunal (“DRAT”) had no power to completely waive the deposit required under section 18 of the Securitisation and Reconstruction of

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