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
Impact of Provident Fund Dues on Approval of Resolution Plans under the Insolvency and Bankruptcy Code, 2016
Employee Provident Fund (“EPF”) dues pertain to contributions that are to be made by the employer on behalf of the employee as a part of the employee welfare scheme mandated by the Employees Provident Fund
THE ARBITRATION CLAUSE IN THE WORK ORDERS/CONSULTING AGREEMENTS WOULD NOT BE BINDING IF MOU, BEING BASE OF THE CLAIM DOES NOT INCLUDE AN ARBITRATION CLAUSE: STATES PUNJAB AND HARYANA HIGH COURT
In a recent judgment1 the High Court of Punjab and Haryana at Chandigarh held that if the claim is based particularly and exclusively on a Memorandum of Understanding, which does not include an arbitration clause,
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