Between the Lines | Supreme Court: In seeking to construe a clause in contract, there is no scope for adopting either a liberal or a narrow approach

The Supreme Court of India (“Supreme Court”) in the case of Bangalore Electricity Supply Company Limited v. E.S Solar Power Private Limited and Others [C.A. 9273 of 2019] by judgement dated May 03, 2021, upheld the decision of the Appellate Tribunal for Electricity (“APTEL”). The APTEL had passed an order reversing the findings of the […]

Between the Lines | Delhi High Court: An arbitral award cannot be interfered with on account of disagreement over inference drawn from evidence

The Delhi High Court (“DHC”) has in its judgment dated April 15, 2021, in the matter of Megha Enterprises and Others v. M/s Haldiram Snacks Private Limited [O.M.P (COMM) 79/2021], held that an arbitral award cannot be interfered with on account of disagreement over inference drawn from evidence. Facts Megha Enterprises (“Petitioner”), engaged in the […]

Between the Lines | Calcutta High Court: Award-holder’s claim will stand extinguished on approval of award-debtor’s resolution plan under Section 31 of the Insolvency and Bankruptcy Code, 2016

The Calcutta High Court (“CHC”) has in its judgment dated May 7, 2021, in the matter of Sirpur Paper Mills Limited v. I.K. Merchants Private Limited (Formerly Known as I.K. Merchants) [A.P. 550 of 2008] (“Judgement”), held that the claim of the arbitral award-holder will be frustrated once the resolution plan of the award-debtor is […]