DISPUTES REGARDING NON-PAYMENT OF DUES CANNOT BE REFERRED TO ARBITRATION AS IT IS SIMPLY A CASE OF RECOVERY: PUNJAB AND HARYANA HC

Wednesday January 18, 2023. BY Aaushi Doshi | Arbitration and Conciliation

The High Court of Punjab and Haryana at Chandigarh in a recent judgment1 held that when the dispute between the parties relates to a case of simpliciter non-payment of dues it cannot be said to

SUPREME COURT OBSERVES: BURDEN LIES ON THE BORROWER TO PROVE THAT THE SECURED PROPERTIES ARE AGRICULTURAL LANDS

Wednesday January 18, 2023. BY Shyam Mohite | Real Estate

The Supreme Court, comprising Justice M.R. Shah and Justice M.M. Sundaresh in a recent judgment1 held that the burden to prove that the secured properties are agricultural lands and are being used as agricultural lands

SARFAESI Act Prevails Over MSMED Act: Supreme Court

Wednesday January 11, 2023. BY Arjun Sathees and Abdullah Qureshi | Debt Recovery

The Supreme Court’s Division Bench comprising of Justice M.R. Shah and Justice Krishna Murari in Kotak Mahindra Bank Limited vs Girnar Corrugators Pvt. Ltd1, vide judgment dated 05.01.2023, held that Micro, Small and Medium Enterprises

ADJUDICATING AUTHORITY HAS NO JURISDICTION TO MODIFY A RESOLUTION PLAN: NCLAT

Wednesday January 11, 2023. BY Arjun Sathees | Insolvency & Bankruptcy

National Company Law Appellate Tribunal (NCLAT), Principal Bench, New Delhi, comprising of Justice Rakesh Kumar Member and Dr. Ashok Kumar Mishra in Mathuraprasad C Pandey & Ors. v Partiv Parikh & Anr.1, vide Judgement dated

HC: Section 47 of CPC Cannot Be Applicable While Executing Arbitral Awards States Tripura High Court

Wednesday January 4, 2023. BY Civil Team | Arbitration and Conciliation

The Hon’ble High Court of Tripura in its recent judgment1 passed on December 2022 held that Section 47 of the Code of Civil Procedure, 1908 (“CPC”) is not applicable to the execution of an arbitration

IBC: AN ASSIGNEE IS a financial creditor under ibc and can continue CONTINUING PROCEEDINGS initiated under SECTION 7 by the assignor – nclat

Wednesday December 28, 2022. BY Purva Birla and Uditi Singh | Insolvency & Bankruptcy

The Hon’ble Division Bench, National Company Law Appellate Tribunal, (NCLAT) comprising of Justice Ashok Bhushan (Chiarperson) and Baru Mitra, Member (Technical) in Siti Networks Ltd. vs Assets Care & Reconstruction Enterprise Ltd. & Anr (Comp.

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