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While the answer to the topic lies in the intricate details of individual contracts and/or arbitration agreements entered into between parties, the Arbitration and Conciliation Act, 1996 (“the...

The Delhi High Court has quashed an ECIR and proceedings arising therefrom, observing that the predicate offence had already been quashed and the order to that effect had attained finality.Earlier,...

The Calcutta High Court has ruled that it is the duty of the defendant to file the application under Section 8 of the Arbitration and Conciliation Act, 1996 seeking arbitral reference, before filing...

The Bombay High Court has ruled that the opposite party is entitled to oppose the application for amendment of Statement of Claims on all available grounds. The bench of Justice Manish Pitale rejected...

The Gauhati High Court recently reiterated that the Central Administrative Tribunal (CAT) has no power to condone the delay and entertain a review application beyond a period of 30 days. The division...

Interdigital v. Xiaomi”) held,  inter alia, that it is impermissible for a court in one sovereign jurisdiction to injunct a party before it from pursuing its cause before a court in another jurisdiction, where such latter jurisdiction is the only competent forum. 1 The Delhi HC carved out an exception holding that such an injunction would be permissible in rare instances where continuation of the later proceedings are ‘ vexatious’ or ‘ oppressive’ to the proceedings pending before t...

Share This - x The Supreme Court has held that entries in balance sheets can amount to acknowledgement of debt for the purpose of extending limitation under Section 18 of the Limitation Act. A bench headed by Justice RF Nariman set aside a judgment of Full Bench of National Company Law Appellate Tribunal in the case V Padmakumar v Stressed Assets Stabilization Fund which held otherwise. Issues The issue raised before the Apex Court bench in appeal was whether an entry made in a balance sheet...