Between the Lines | Supreme Court: The provisions of the Limitation Act would apply mutatis mutandis to proceedings under the IBC in the NCLT or NCLAT

The Supreme Court (“SC”) has in its judgement dated March 22, 2021, in the matter of Sesh Nath Singh & Another v. Baidyabati Sheoraphuli Co-Operative Bank Limited and Another [Civil Appeal No. 9198 of 2019] (“Judgement”) held that provisions of the Limitation Act, 1963 (“Act”) would apply mutatis mutandis to proceedings under the Insolvency and […]

Between the Lines | NCLT, Mumbai: Allows application seeking reliefs essential to run a corporate debtor sold as ‘going concern’ during liquidation

The National Company Law Tribunal, Mumbai bench (“NCLT”) has in its order dated March 09, 2021 (“Judgement”), in the matter of Gaurav Jain v. Sanjay Gupta [IA No. 2264 of 2020 in C.P.(IB)No. 1239/MB/2018], allowed an application seeking reliefs essential to run a corporate debtor sold as ‘going concern’ during liquidation. Facts The Bank of […]

Between the Lines | Bombay High Court: Reiterated that a choice of seat is itself an expression of party autonomy and carries with it the legal effect of conferring exclusive jurisdiction on the courts of the seat

The Hon’ble Bombay High Court (“BHC”) has in its judgment dated January 29, 2021 (“Judgement”), in the matter of Aniket SA Investments LLC v. Janapriya Engineers Syndicate Private Limited and Others [Commercial Appeal No. 504/2019], held that a choice of seat is itself an expression of party autonomy and carries with it the legal effect […]

Between the Lines | Supreme Court: A contract is void if prohibited by a statute under a penalty, even without an express declaration that the contract is void

Supreme Court: (i) A contract is void if prohibited by a statute under a penalty, even without an express declaration that the contract is void (ii) The condition predicated in Section 31 of the Foreign Exchange Regulation Act, 1973, of obtaining ‘previous’ general or special permission of the Reserve Bank of India for transfer or […]

Taxbuzz | Amendments Passed in the Finance Act 2021

In continuation to our detailed analysis of the Finance Bill 2021, amendments made to the proposals of the Bill, which are now incorporated in the Finance Act, 2021, are summarised in our publication, TaxBuzz. To read the TaxBuzz, click at the ‘Download Newsletter. We trust that you will find the same useful. Looking forward to receiving […]