Properties sold in auction sale prior to the commencement of moratorium cannot be treated as liquidation assets of the Corporate Debtor: Supreme Court

Properties sold in auction sale prior to the commencement of moratorium cannot be treated as liquidation assets of the Corporate Debtor: Supreme Court 

The Hon’ble Supreme Court (“SC”) comprising of Hon’ble Justice Aniruddha Bose and Hon’ble Justice Vikram Nath in the matter of Haldiram Incorporation Pvt. Ltd. v. Amrit Hatcheries Pvt. Ltd.[i] asserted that the properties auctioned for

Dispute concerning Cancellation Deed is Arbitrable as it is Action in Personam : Supreme Court

Dispute concerning Cancellation Deed is Arbitrable as it is Action in Personam : Supreme Court

The Supreme Court (“SC”) recently in Sushma Shivkumar Daga & Ors. v. Madhukumar Ramkrishnaji Bajaj & Anr. [i] expanded the scope of arbitration. The SC upheld the arbitrability of a property dispute including a cancellation

Shrishail Kittad, Partner, IndiaLawLLP quoted in LiveMint

https://www.livemint.com/industry/banking/alternative-investment-funds-rbi-tightens-investment-norms-for-banks-housing-finance-companies-and-nbfcs-11702987810382.html

Aaushi Shah Doshi, Associate Partner, IndiaLawLLP quoted in Business Standard.

Coverage: https://www.business-standard.com/finance/personal-finance/pre-empt-disputes-between-nominee-and-legal-heirs-by-drafting-a-will-123121900994_1.html

Arbitration Clause in Unstamped or Insufficiently Stamped Agreements Are Enforceable; it is Curable Defect: Supreme Court

Arbitration Clause in Unstamped or Insufficiently Stamped Agreements Are Enforceable; it is Curable Defect: Supreme Court

The Supreme Court (“SC”) recently, In Re Interplay between Arbitration Agreements under the Arbitration and Conciliation Act, 1996 And the Indian Stamp Act, 1899[i] held that arbitration clauses provided under the agreements that are insufficiently

MSME Promoters are not disqualified u/s 29A of IBC to apply for Resolution Plan: Supreme Court

MSME Promoters are not disqualified u/s 29A of IBC to apply for Resolution Plan: Supreme Court

The Hon’ble Supreme Court in its recent judgment in the case of Hari Babu Thota v. X[i] has overturned the Hon’ble NCLAT’s decision in Digambar Anandrao Pingle v. Shrikant Madanlal Zawar[ii] and has held that,

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