Status of Debtor attained finality, can’t be altered based on a subsequent judgment: Holds NCLAT Delhi Read More »
Arbitrator has discretion to award Post – Award interest on a part of the ‘Sum’: Holds Supreme Court Read More »
In cases of conflict, Insolvency and Bankruptcy Code, 2016 prevails over Custom Act, 1961: Holds Supreme Court Read More »
Section 7(5)(b) of IBC to notify Financial Creditor before rejecting claim extends to appeals before NCLAT: Observes Supreme Court Read More »
Continuity of service with back wages can be directed in cases where the retrenchment was not bona fide: Observes Supreme Court Read More »
Mere use of words “Arbitration” or “Arbitrator” in a clause won’t make it arbitration agreement: Supreme Court Read More »
Trust property cannot be alienated unless it is for benefit of trust and/or its beneficiaries: Observes Supreme Court Read More »
There cannot be two arbitration proceedings with respect to same contract/ transaction: Holds Supreme Court Read More »
Court while deciding ‘Section 11’ application seeking appointment of arbitrator can consider the question as to whether dispute falls within ‘Excepted Clause’: Supreme Court Opines Read More »
Discretionary power for the admission of application by a Financial Creditor for initiation of CIRP vested with the adjudicatory authority: Holds Supreme Court Read More »
Appointment on the basis of false cast certificate cannot be permitted to retain benefit of wrongful appointment: Observes SC Read More »