
MATTERS CAN BE REFERRED TO ARBITRATION UNDER MSMED ACT, THOUGH THERE IS NO PRIOR ARBITRATION AGREEMENT
The Punjab and Haryana High Court bench comprising Justice Lisa Gill in a recent judgment1 held that even though there is no arbitration agreement between the parties, the dispute can be referred to arbitration as

The Holder of the Recovery Certificate would be a Financial Creditor and would be entitled to initiate CIRP: Supreme Court
A Supreme Court Bench comprising Justices L. Nageswara Rao, B.R. Gavai and A.S. Bopanna, in Kotak Mahindra Bank Limited v. A. Balakrishna and Anr (Civil Appeal No. 689 of 2021), affirmed the view taken in

PAWNEE CAN NOT SELL THE PLEDGED GOODS TO ONE OWN SELF UNDER THE CONTRACT ACT: Supreme Court
Supreme Court bench comprising Justices MR Shah and Sanjiv Khanna held in a recent judgment1 that under Section 177 of the Contract Act, 1872 (“Contract Act”), in case of default by the pawnor, the pawnee

DUOMATIC PRINCIPLE, HOW IT CAN BE ESTABLISHED?
The Supreme Court bench comprising Justices Vineet Saran and JK Maheshwari held in a recent judgment1 that the Duomatic Principle is applicable even in the Indian context which states that ‘Strict adherence to a statutory

NCLT HAS JURISDICTION OVER PERSONAL GUARANTORS EVEN IF NO CIRP/LIQUIDATION IS PENDING AGAINST CORPORATE DEBTOR : SUPREME COURT
Supreme Court bench comprising of Justice S Abdul Nazeer and Justice Vikram Nath held that NCLT has jurisdiction over proceeding against personal guarantors of corporate debtor under Insolvency and Bankruptcy Code (“I&B Code”) even if

ARBITRAL TRIBUNAL CAN NOT ORDER INTERIM DEPOSIT OF DISPUTED AMOUNT, WHERE THE LIABILITY IS IN DISPUTE: Supreme Court
The Supreme Court bench comprising Justices M.R. Shah and B.V. Nagarathna held, in a recent judgment1 Arbitral Tribunal (“Tribunal”) cannot pass an interim order under Section 17 of the Arbitration and Conciliation Act, 1996 (the
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