ADJUDICATING AUTHORITY HAS NO JURISDICTION TO MODIFY A RESOLUTION PLAN: NCLAT
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
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
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.
Mandatory for Bank to inform all auction participants about encumbrances on Property to be auctioned
In a judgment passed on 30/11/2022 by the Hon’ble High Court of Jammu and Kashmir in Writ Petition (C) No. 456/2021 – S K Bakshi v/s. Punjab National Bank and Ors., it was held that
Section 9 of the Arbitration and Conciliation Act, 1996 would apply to International Commercial Arbitration, where the place of Arbitration is outside India: States Calcutta High Court
In a recent judgment1, the Calcutta High Court held that even if the parties select the arbitration to be foreign seated, the intelligible comprehension cannot be that expressly or impliedly, merely by such selection, powers
PENDENCY OF PROCEEDINGS UNDER SECTION 17 OF THE SARFAESI ACT DOES NOT BAR INITIATION OF ARBITRATION PROCEEDINGS STATES DELHI HC
In a recent judgment1 the High Court of Delhi, in a Section 11 Petition, held that the initiation of the arbitration proceedings cannot be barred merely because the Petitioner has taken steps for recovery/possession of
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