Avnip Sharma

3 Posts
NCLT DECISION: Hytone Merchants v. Satabadi Investments Consultants

NCLT DECISION: Hytone Merchants v. Satabadi Investments Consultants

  In “Hytone Merchants Pvt Ltd v. Satabadi Investments Consultants Pvt. Ltd.”[2], the National Company Law Tribunal (Hereinafter referred as “NCLT”) retained that the Adjudicating Authority (Hereinafter referred as “AA”) could indeed refuse to admit a somewhat complete application under section 7[3] of the Insolvency and Bankruptcy Code, 2016 (Hereinafter referred as “IBC”) once there are strong indications of embezzlement, connivance, or malicious intent under section 65 of the IBC. The NCLAT, notably, chose to disregard the petition on its own motion under section 65[4], implying that the corporate debtor never claimed the application had been fraudulent or motivated by animosity. Key…
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A TRIBUTE TO JUSTICE ROHINTON NARIMAN’S

A TRIBUTE TO JUSTICE ROHINTON NARIMAN’S

On August 12, Justice Rohinton Nariman's seven-year career as a Supreme Court judge came to a halt. On July 7, 2014, he was appointed to the Supreme Court as the fifth senior counsel to be elevated from the bar to the court.  During his time on the bench, Justice Nariman has written significant decisions that have shaped the country's emerging jurisprudence on individuals' fundamental rights and liberties. Justice Nariman was also a member of the bench that oversaw the contentious NRC process in Assam and operationalized Foreigners Tribunals, which put doubt on the citizenship of millions of Assamese residents and…
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CHANGE OF SEAT OF ARBITRATION BY MUTUAL AGREEMENT

CHANGE OF SEAT OF ARBITRATION BY MUTUAL AGREEMENT

The issue about whether an Arbitration proceeding's inimitable jurisdiction could be enmeshed on the grounds of the Seat of Arbitration, regardless as to whether any cause of action has surfaced at such and such seat, has indeed been contemplated for the sometime before various Courts.The Hon'ble Supreme Court through its recent judgement denounced on April 13, 2021 through “Inox Renewables vs Jayesh Electricals”[1] had also ultimately landed the assertion clutching that the Place of Arbitration collectively agreed by the disputants will indeed vest unique jurisdiction with in Courts of the location of the Bench regardless as to whether any cause…
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