NCLAT: Proceedings filed in DRT will not extend the period of limitation under the IBC, 2016

The National Company Law Appellate Tribunal (“NCLAT”) in the case of Bimalkumar Manubhai Savalia v. Bank of India and Another (decided as per order dated March 05, 2020) has held that proceedings filed in the Debt Recovery Tribunal (“DRT”) under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (“SARFAESI […]

Delhi High Court lays down law on classification of disputes

The Delhi High Court in Shri Chand Construction and Apartments and others v. Tata Capital Housing Finance (decided on March 04, 2020), held that the use of words “all or certain disputes” in Section 7 (arbitration agreement) of the Arbitration and Conciliation Act, 1996 (“Arbitration Act”) permits classification of disputes but does not permit classification […]

Impact of force majeure on commercial contracts in light of the coronavirus outbreak

The novel coronavirus (“COVID-19”) has, in some way or the other, affected almost the entire world’s population and significantly impacted businesses globally. With Covid-19 being declared a pandemic by the World Health Organisation and its consequential effect on trade and commerce, disputes have and will arise with respect to performance and enforcement of contracts. Under […]

Article – Thin Capitalization Rules in India: Interest(ing) Limitations

We are pleased to share with you copy of latest article titled “Thin Capitalization Rules in India: Interest(ing) Limitations” co-authored by Mr. Neeraj Jain, Partner and Mr. Aditya Vohra, Principal Associate, Direct Tax team. The article has been published by Tax Management International Journal (49 TMIJ 4, 04/10/2020). To read the article, click at Download […]