The Supreme Court in the case of Sai Babu v. M/S Clariya Steels Private Limited (decided on May 1, 2019), held that once the sole arbitrator terminates the arbitration proceedings under Section 32(2)(c) of Arbitration and Conciliation Act, 1996 (“Arbitration Act”), the same cannot be subsequently recalled. FACTS In an arbitration between Sai Babu (“Appellant”) […]
We are pleased to share the June 2019 edition of our newsletter- Competition News Bulletin. Some highlights of this issue are as under: CCI imposes penalty on chemists and druggist associations in Madhya Pradesh and two pharmaceutical companies CCI approves amalgamation of GlaxoSmithKline into Hindustan Unilever Limited EC rejects merger between Tata Steel and ThyssenKrupp […]
In a recent judgement in the case of Rasiklal S. Mardiya v. Amar Dye Chem Limited (decided on April 8, 2019), the National Company Law Appellate Tribunal (“NCLAT”) has stated that shareholders can file application to approve settlement with creditors even after appointment of official liquidator. FACTS The case arises from a winding up petition […]
A two judge bench of the Supreme Court, in the case of Garware Wall Ropes Limited v. Coastal Marine Constructions and Engineering Limited (decided on April 10, 2019) held that the arbitration clause contained in an agreement or conveyance is not separable from the said agreement or conveyance and hence, if such agreement or conveyance […]
A division bench of the Delhi High Court in case of The Deputy Director Directorate of Enforcement Delhi v. Axis Bank & Others (decided on April 2, 2019) while jointly considering 5 appeals against the order of Appellate Tribunal under the Prevention of Money Laundering Act, 2002 (“PMLA”) held that provisions of Recovery of Debts […]
All sections and schedules cited in this case analysis, unless specified otherwise, refer to the sections and schedules of the Arbitration and Conciliation Act, 1996 In the case of Bharat Broadband Network Limited v. United Telecoms Limited (decided on April 16, 2019), the Supreme Court while upholding its own decision in TRF Limited v. Energo […]
