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Advocate Sushila

<b>supreme</b> <b>Court</b> STRIKES DOWN WEST BENGAL HOUSING INDUSTRY REGULATION ACT, 2017
A Two Judge Bench of the #supremeCourt has in a recent case of Forum for People’s Collective Efforts (FPCE) & Anr. vs The State of West Bengal & Anr. Writ Petition (C) No. 116 of 2019 passed a #Judgment dated…

Advocate Sushila

<b>supreme</b> <b>Court</b> DISMISSES BANKS’ APPLICATIONS FOR RECALL OF DISCLOSURE DIRECTIONS TO RBI
The Two Judge Bench of the Hon’ble #supremeCourt of India comprising of Justices L. Nageswara Rao and Vineet Saran passed a Judgment dated 28-04-2021 in the case of Reserve Bank of India v. Jayantilal N. Mistry & Anr. M.A. No.2342…

Advocate Sushila
Advocate Sushila Ram 24 Apr 2021

<b>supreme</b> <b>Court</b> UPHOLDS VALIDITY OF CHANGE OF SEAT OF ARBITRATION BY MUTUAL AGREEMENT
The Two Judge Bench of the Hon’ble #supremeCourt of India comprising of Justices Rohinton Fali Nariman and Hrishikesh Roy passed a Judgment dated 13-04-2021 in the case of M/S Inox Renewables Ltd. v. Jayesh Electricals Ltd. Civil Appeal No. 1556…

Advocate Sushila
Advocate Sushila Ram 24 Apr 2021

<b>supreme</b> <b>Court</b> HOLDS THAT TWO INDIAN PARTIES CAN DESIGNATE A SEAT OF ARBITRATION OUTSIDE INDIA
It is common knowledge that the #seat of #arbitration determines the applicable law governing the arbitration including the procedural aspects. When parties specify a particular country as the seat of arbitration in an arbitration agreement, then, the applicable law of…

Advocate Sushila
Advocate Sushila Ram 18 Apr 2021

<b>supreme</b> <b>Court</b> REITERATES THAT ACKNOWLEDGEMENT OF LIABILITY HAS THE EFFECT OF EXTENDING LIMITATION PERIOD
The #supremeCourt has in a recent case of Asset Reconstruction Company (India) Limited vs Bishal Jaiswal and Anr. passed a Judgment dated 15-04-2021 and reiterated that #acknowledgement of #liability/#debt has the effect of commencing a fresh period of #limitation under…

Advocate Sushila
Advocate Sushila Ram 16 Apr 2021

<b>supreme</b> <b>Court</b> HOLDS THAT CLAIMS NOT FORMING PART OF APPROVED RESOLUTION PLAN ARE EXTINGUISHED
Recently, the Hon’ble #supremeCourt of India in the case of Ghanshyam Mishra and Sons Pvt. Ltd. v. Edelweiss Asset Reconstruction Company Limited, (Civil Appeal No.8129/2019), vide its Judgment dated 13.04.2021 held that any #creditor including Central/State #Government or any local…

Advocate Sushila

<b>supreme</b> <b>Court</b> HOLDS THAT LIMITATION ACT, 1963 IS APPLICABLE TO THE INSOLVENCY PROCEEDINGS UNDER IBC
The #supremeCourt of India in the case of Sesh Nath Singh & Anr. versus Baidyabati Sheoraphuli Co-Operative Bank Ltd and Anr. [Civil Appeal NO. 9198 OF 2019], vide its Judgment dated 22.03.2021 held that the #Limitation Act 1963 is applicable…

Advocate Sushila
Advocate Sushila Ram 28 Mar 2021

<b>supreme</b> <b>Court</b> HOLDS REFERENCE TO ARBITRATION IS MAINTAINABLE INSOLVENCY PETITION IS NOT ADMITTED
Recently, the three-Judges Bench of the #supremeCourt of India in the case of Indus Biotech Private Limited vs. Kotak India Venture (Offshore) Fund [Arb. Petition (Civil) 48/2019], vide Judgment dated 26.03.2021 held that #Arbitration Reference under Section 8 of the…

Advocate Sushila
Advocate Sushila Ram 28 Mar 2021

<b>supreme</b> <b>Court</b> HOLDS THAT ADJUDICATORY AUTHORITY CANNOT MODIFY A RESOLUTION PLAN
The Three Judge Bench of the Hon’ble #supremeCourt of India comprising of Justices A.M. Khanwilkar, Dinesh Maheshwari and Sanjiv Khanna passed a Judgment dated 24.03.2021 in the case of Jaypee Kensington Boulevard Apartments Welfare Association & Ors. v. NBCC (India)…

Advocate Sushila
Advocate Sushila Ram 19 Mar 2021

<b>supreme</b> <b>Court</b> HOLDS PROMOTER INELIGIBLE TO PROPOSE COMPROMISE OR ARRANGEMENT DURING LIQUIDATION OF COMPANY
The #supremeCourt has in a recent case of Arun Kumar Jagatramka vs Jindal Steel and Power Ltd. & Anr. passed a Judgment dated 15-03-2021 and decided upon the issue whether a person who is #ineligible to submit a #resolutionplan under…
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