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Between the Lines | BHC: Once parties acknowledge existence of arbitration clause, court can appoint arbitrator even if stamp duty is insufficiently paid

The Bombay High Court (“BHC”) has in the judgement dated February 28, 2022 (“Judgement”), in the matter of Pigments and Allieds v. Carboline (India) Private Limited and Official Liquidator and Liquidator of Octamec Engineering Limited [Arb. Application 225 of 2016] held that once parties acknowledge existence of arbitration clause, court can appoint arbitrator even if […]

Between the Lines | Supreme Court: Compensation in lieu of specific performance cannot be granted under the Specific Relief Act, 1963 unless specifically claimed in the plaint

The Hon’ble Supreme Court of India (“SC”) has in its judgement dated February 18, 2022 (“Judgement”), in the matter of Universal Petro Chemicals Limited v. B.P. PLC and Others [Civil Appeal No.3128 of 2009], held that compensation in lieu of specific performance cannot be granted under the Specific Relief Act, 1963 (“SRA”) unless specifically claimed […]

Between the Lines | DHC: Multiple arbitrations can exist if the cause of action continues or arises after the constitution of a tribunal

The High Court of Delhi (“DHC”) has in its judgment dated January 17, 2022 (“Judgement”), in the matter of Panipat Jalandhar NH 1 Tollway Private Limited v. National Highways Authority Of India [ARB.P. 820/2021], held that multiple arbitrations can exist if the cause of action continues or arises after the constitution of a tribunal. Facts […]

Between the Lines | NCLAT: No possibility negotiating the resolution plan in the intervening period between approval by the CoC, and pending the approval of the NCLT

The Hon’ble National Company Law Appellate Tribunal, New Delhi (“NCLAT”) has in its judgment dated January 27, 2022, in the matter of Union Bank of India v. Kapil Wadhawan and Others [Company Appeal (AT) (Insolvency) No. 370, 376-377 & 393 of 2021] (“Judgement”) held that once the resolution plan is approved by the Committee of […]

GST Cafe | Properties leased in the nature of a hostel

A division bench of the Hon’ble High Court of Karnataka (“HC”) by overruling the observations of the Karnataka Appellate Authority for Advance Rulings (“KAAAR”) in a recent judgment of Taghar Vasudeva Ambrish v. AAAR Karnataka & Ors.[1] has held that residential premises leased for use as hostel premises are covered under the scope of the […]

Between the Lines | Supreme Court: An arbitral tribunal constituted in violation of the neutrality clause under Section 12(5) of the Arbitration and Conciliation Act, 1996 will lose its mandate and cannot be given effect

The Hon’ble Supreme Court (“SC”) has in its judgment dated January 4, 2022 (“Judgment”), in the matter of Ellora Paper Mills Limited v. The State of Madhya Pradesh [Civil Appeal No. 7697 of 2021] held that an arbitral tribunal constituted in violation of the neutrality clause under Section 12(5) of the Arbitration and Conciliation Act, […]