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Between the Lines | Delhi HC: If the original contract in entirety is put to an end, the arbitration clause, which is a part of it, also perishes along with it

The Hon’ble High Court of Delhi (“DHC”) has in its judgement dated October 22, 2020 (“Judgement”) in the matter of Sanjiv Prakash v. Seema Kukreja and Others [ARB. Pet. 4/2020], held that if the contract is superseded by another, the arbitration clause, being a component/part of the earlier contract, falls with it. In other words, […]

GST Cafe | Commissioner authorized to arrest prior to completion of assessment under the CGST Act – Gujarat HC

We are pleased to share with you the copy of our latest publication of GST Café, a briefing on the judgment of the Hon’ble Gujarat High Court in M/s. Vimal Yashwantgiri Goswami vs. State of Gujarat & Ors. In this present case, the Court upheld Commissioner’s power to authorize ‘arrest’ prior to adjudication/assessment completion under […]

GST Cafe | Extension of due date for filing GSTR 9 and 9C

We are pleased to share with you the copy of our latest publication of GST Café, a briefing on the recent press release issued by Ministry of Finance wherein the due date for filing Annual Return and Reconciliation statement for the F.Y. 2018-19 has been further extended to 31.12.2020. To read the GST Cafe, click […]

Between the Lines | Supreme Court: A personal loan to a promoter or a director of a company cannot trigger the CIRP under the IBC

The Supreme Court (“SC”) by its judgement dated August 28, 2020 (“Judgment”) in the case of M/S Radha Exports (India) Private Limited v. K.P. Jayaram & Another [Civil Appeal No. 7474 of 2019] held that a personal loan to a promoter or director of a company cannot trigger the Corporate Insolvency Resolution Process (“CIRP”). Facts […]

Between the Lines | Calcutta HC: NCLT order mandating filing record of default from the Information Utility to prove financial debt by the financial creditors struck down

The High Court of Calcutta (“HC”) has in its combined judgment dated August 18, 2020 (“Judgment”) in the matter of Univalue Projects Private Limited v. Union of India [W. P. No. 5595 (W) of 2020] and Cygnus Investments and Finance Private Limited & Another v. Union of India and Others [W.P. No. 5861 (W) of […]

Between the Lines | Supreme Court: (i) The merits of the arbitral award are not open to review by the enforcement court, which lies within the domain of the seat courts (ii) The period of limitation for filing a petition for enforcement of a foreign award is three years

The Hon’ble Supreme Court of India (“SC”) has in its judgment dated September 16, 2020 (“Judgment”) in the matter of Government of India v. Vedanta Limited and Others [Civil Appeal No. 3185 of 2020], held that the period of limitation for filing a petition for enforcement of a foreign award under Sections 47 and 49 […]