ORDERS AND JUDGMENTS DURATION DECEMBER 23, 2020 TO JANUARY 07, 2021

"MANIFESTLY, DYING IS NOTHING TO A REALLY GREAT AND BRAVE MAN".

MARK TWAIN

ALTERNATIVE DISPUTE RESOLUTION

  • Bhaven Construction v. Executive Engineer Sardar Sarovar Narmada Nigam Ltd
    High Court's Power Under Article 226/227 To Interfere With Arbitration Process Needs To Be Exercised In Exceptional Rarity: Supreme Court (SC)
    The Supreme Court (SC) has observed that the power of the High Court (HC) under Article 226/227 of the Constitution of India to interfere with an arbitration process needs to be exercised in exceptional rarity, wherein one party is left remediless under the statute or a clear 'bad faith' shown by one of the parties. If the Courts are allowed to interfere with the Arbitral process beyond the ambit of the enactment, then the efficiency of the process will be diminished, the bench observed while setting aside a judgment of Gujarat High Court allowing a writ petition challenging the jurisdiction of the sole Arbitrator.
    pdf_upload-386987.pdf (livelaw.in)

COMPETITION & UNFAIR TRADE PRACTICE

  • Brickwork Ratings India Pvt Ltd v. CRISIL Ltd and Ors
    Competition Commission of India (CCI) dismisses unfair practices complaint against 4 credit rating agencies-29 December 2020
    The Competition Commission of India (CCI) has dismissed a complaint alleging that CRISIL Ltd, India Ratings and Research Pvt Ltd, CARE Ratings Ltd and ICRA Ltd indulged in unfair business practices. The ruling came on a complaint filed by Brickwork Ratings India Pvt Ltd. The informant, Brickwork Ratings, alleged that the opposite parties -- CRISIL, India Ratings and Research, CARE Ratings and ICRA -- contravened the provisions of the Competition Act by means of collusive bidding and bid rigging, and also indulged in below cost predatory pricing.
    The Order can be accessed at: ReadMore

CORPORATE

  • S C S L Buildwell Pvt Ltd v. Palo Infrastructure & Developers Pvt Ltd
    National Company Law Tribunal (NCLT) directs Resolution Professional to not proceed with resolution plan pending decision on rights of landowners-15 December 2020
    The National Company Law Tribunal (NCLT), Principal Bench has passed an order directing a Resolution Professional to not proceed a resolution plan in a corporate insolvency resolution process (CIRP) after an issue with respect to the rights of the landowners came up before it. Meanwhile, the NCLT admitted the insolvency Petition against the corporate debtor and vide its order dated September 9, 2019, ordered for commencement of CIRP against the corporate debtor. Certain landowners thus moved the NCLT asserting that the corporate debtor was unlawfully trying to proceed with invitation of resolution plans in respect of their land. The landowner stated that the application was not maintainable in the eyes of law as the RP could not ask a creditor to file a claim in a particular class. After hearing the counsel for the RP and the landowners, the NCLT ordered, "For the RP counsel having not denied about such cancellation, we are of the view that the RP shall not proceed with processing of resolution plans until before order is passed in the applications by these applicants as well as the applications filed by the RP in respect to the land-hold rights of the land owners." The matter is posted for further hearing on February 2.
    The Order can be accessed at:
    NCLT directs RP to not proceed with resolution plan pending decision on landowner rights (barandbench.com)
  • Mr Rajesh Agarwal v. Reserve Bank of India
    Borrower must be heard before account is classified as fraud: Telangana High Court (HC) reads principles of natural justice into Reserve Bank of India (RBI) Master Circular On Fraud Accounts
    The Telangana High Court (HC) has held that the principles of natural justice have to be read into the Master Circular issued by the Reserve Bank of India (RBI) on the classification of bank accounts as fraud accounts. A division bench held that the account holder must be heard before declaring her as a "fraudulent borrower" or as a "holder of fraudulent account" as per the RBI circular.
    https://www.livelaw.in/pdf_upload/pdf_upload-386554.pdf

INFORMATION TECHNOLOGY

  • Gujarat Cooperative Milk Marketing Federation Ltd & Anr v. Chetan Padilya & Ors
    Delhi High Court (HC) directs website to remove article against Amul milk, milk products-17 December 2020
    The Delhi High Court (HC) has directed the ditchdairy.in website to remove the article titled “The White Lie of Amul And Black Truth Of Animal Milk” from its website and Facebook page named Boycott Milk.
    The Order can be accessed at:
    https://www.livelaw.in/pdf_upload/pdf_upload-386271.pdf

PROPERTY

  • J Jayaniithaa v. Inspector General of Registration
    Madras High Court (HC) declares fraud property settlement deed as void, tells sub-registrar to register order-15 December 2020
    The Madras High Court (HC) has declared a fraudulently registered settlement deed of a property as void, while passing a direction for the sub-registrar office to register the court order so that such fraud entries in the future are automatically reversed. The first-of-its-kind order was passed by the court as currently there are no provisions in the Registration Act that enable authorities to cancel entries made in the property record.
    The Order can be accessed at:
    https://images.assettype.com/barandbench/2020-12/b24a587f-5de7-4339-a448-ba57c081fe6f/J_Jayaniithaa_v_Inspector_General_of_Registration_and_ors.pdf
  • Suresh Shah v. Hipad Technology India Private Limited
    Landlord-Tenant Dispute under the Transfer of Property Act are arbitrable, but those under the Rent Act are not- 18 December 2020
    Disputes that arise between landlord and tenant under Transfer of Property Act, 1882, are Arbitrable and the ones that arise under the Rent Act are not. This ratio was laid down by the Supreme Court (SC) of India in this case.
    The Judgment can be accessed at:
    https://www.livelaw.in/pdf_upload/pdf_upload-386204.pdf

Disclaimer “This information has been gathered from various sources. Nothing herein is or may be construed as legal advice”.