Gunjan Chhabra Archives

Commercial Law and Procedures in Recent Cases in Dispute Resolution – August 2023 -Part 2 -By Gunjan Chhabra

Posted by IBC Laws Editoron September 7, 2023September 7, 2023in Case Analysis, Gunjan Chhabra, Topic wise Article-Arbitration

Commercial Law and Procedures in Recent Cases in Dispute Resolution – August 2023 -Part 2 By Gunjan Chhabra(Visit here to read more Case Briefs by Gunjan Chhabra) Understanding the Level of Scrutiny of an Award Passed by a Technical Tribunal in…

Decoding Commercial Legal Landscapes: A Collection of Recent Judgments Shaping Arbitration, Patent Rights, and Procedural Jurisdiction – August 2023 – Part 1

Posted by IBC Laws Editoron August 11, 2023August 11, 2023in Case Analysis, Gunjan Chhabra, Topic wise Article-Arbitration

Decoding Commercial Legal Landscapes: A Collection of Recent Judgments Shaping Arbitration, Patent Rights, and Procedural Jurisdiction – August 2023 – Part 1 By Gunjan Chhabra(Visit here to read more Case Briefs by Gunjan Chhabra) Resolving Patent Disputes: RxPrism Inc. vs. Canva…

Unveiling the Gavel’s Verdicts: July 2023 Commercial Judgments Update-Part 2

Posted by IBC Laws Editoron August 2, 2023August 2, 2023in Case Synopsis, Gunjan Chhabra

Unveiling the Gavel’s Verdicts: Expert Analysis of Recent Commercial Rulings By Gunjan Chhabra (Visit here to read more Case Briefs by Gunjan Chhabra) Section 8 Application filed after the Written Statement, can the matter be referred to Arbitration? Dwarkadas Himatlal Shah…

Unveiling the Gavel’s Verdicts: July 2023 Commercial Judgments Update-Part 1

Posted by IBC Laws Editoron July 25, 2023July 25, 2023in Case Synopsis, Gunjan Chhabra, Topic wise Article-Arbitration

Unveiling the Gavel’s Verdicts: July 2023 Commercial Judgments Update-Part 1 By Gunjan Chhabra (Visit here to read more Case Briefs by Gunjan Chhabra) Does the High Court always have jurisdiction to Extend Time Limit of Arbitration Proceedings? This issue arose in…

Commercial updates – May, 2023 – By Gunjan Chhabra

Posted by IBC Laws Editoron June 5, 2023July 25, 2023in Case Analysis, Gunjan Chhabra, Topic wise Article-Arbitration

Commercial updates – May, 2023 By Gunjan Chhabra (Visit here to read more Case Briefs by Gunjan Chhabra) 1. Is a Dispute Regarding Cancellation of an Instrument Arbitrable? M/s Asian Avenues Pvt. Ltd. v. Sri Syed Shoukat Hussain (2023) ibclaw.in…

Can the Court Appoint an Arbitrator for an Arbitration Agreement contained in an Unstamped Document?: Constitution Bench Perspective – By Gunjan Chhabra

Posted by IBC Laws Editoron May 1, 2023July 24, 2023in Case Synopsis, Gunjan Chhabra, Topic wise Article-Arbitration

N.N. Global Mercantile Pvt. Ltd. V. Indo unique flame Ltd. & Ors., reported at (2023) ibclaw.in 56 SC (Supreme Court of India Constitution Bench , decided on 25.03.2023) was the decision of a larger bench. A 3 judge bench, on 11.01.2021 had made this reference in a case of the same title with citation (2021) ibclaw.in 05 SC. The 3 judge bench case was a petition for appointment of arbitrator under Section 11 of the Arbitration & Conciliation Act. Read here analysis of the decision.

Recent Rulings in Commercial Disputes, April 2023 – Issue 2 By Gunjan Chhabra

Posted by IBC Laws Editoron April 29, 2023July 24, 2023in Case Synopsis, Gunjan Chhabra, Topic wise Article-Arbitration

Recent Rulings in Commercial Disputes, April 2023 – Issue 2 By Gunjan Chhabra(Visit here to read more Case Briefs by Gunjan Chhabra) Does a Clause in an Agreement, providing for Blacklisting, Per se Imply that a Corporation Can Blacklist Without Proper…

Recent Rulings in Commercial Arbitration, April 2023 – By Gunjan Chhabra

Posted by IBC Laws Editoron April 14, 2023July 24, 2023in Case Analysis, Gunjan Chhabra, Topic wise Article-Arbitration

Recent Rulings in Commercial Arbitration, April 2023 – Issue n.1 By Gunjan Chhabra (Visit here to read more Case Briefs by Gunjan Chhabra) 𝐖𝐨𝐮𝐥𝐝 𝐭𝐡𝐞 𝐔𝐧𝐢𝐥𝐚𝐭𝐞𝐫𝐚𝐥 𝐀𝐩𝐩𝐨𝐢𝐧𝐭𝐦𝐞𝐧𝐭 𝐨𝐟 𝐚𝐧 𝐀𝐫𝐛𝐢𝐭𝐫𝐚𝐭𝐨𝐫 𝐡𝐢𝐧𝐝𝐞𝐫 𝐭𝐡𝐞 𝐄𝐱𝐞𝐜𝐮𝐭𝐢𝐨𝐧 𝐨𝐟 𝐚𝐧 𝐀𝐰𝐚𝐫𝐝? Cholamandalam Investment and Finance…

Arbitration Updates: March, 2023 – By Gunjan Chhabra

Posted by IBC Lawson April 11, 2023July 24, 2023in Case Analysis, Gunjan Chhabra, Topic wise Article-Arbitration

Arbitration Updates – March, 2023

Chapter	Topic	Content
CH-2: General & Definitions
		Short Note on Insolvency and Bankruptcy Code, 2016 (IBC, 2016)
		Dispute and Existence of a Dispute
		Operational Debt and Operational Creditor
		Persons who may initiate Corporate Insolvency Resolution Process(CIRP)
		Analysis provisions of Limitation Act, 1963 with respect to Insolvency and Bankruptcy Code, 2016
CH-3: CIRP
	Topic-1 : CIRP Application & Withdrawal
		Analysis of Minimum amount of default under Section 4 of IBC
		Procedure of filing application by Financial Creditor before NCLT under Section 7 of the IBC
		Procedure of filing application by Operational Creditor before NCLT under Section 8 & 9 of the IBC
		Initiation of CIRP by corporate applicant under Section 10 of the IBC
		Analysis of withdrawal of CIRP proceeding pursuant to settlement under Section 12A of Insolvency and Bankruptcy Code, 2016 (IBC)
	Topic-2 : Declaration of moratorium and public announcement
		Declaration of moratorium and public announcement [Section 13, 14 & 15 of the IBC]
		All about the Moratorium under Section 14 of the Insolvency and Bankruptcy Code, 2016 including judicial pronouncements
	Topic-3 : Appointment and tenure of IRP & RP
		Appointment and tenure of Interim Resolution Professional and Resolution Professional [Section 16, 22 & 27 of the IBC]
		Role of an Interim Resolution Professional and Resolution Professional
	Topic-4 : Management of affairs by IRP
	Topic-5 : Receive and collate all the claims submitted by creditors
	Topic-6 : Committee of creditors and meetings
		Constitution of Committee of Creditors under Section 21 of IBC
		Role of Committee of Creditors & It’s Commercial Wisdom
		Analysis of provisions on Authorised Representative under IBC
		Meetings & Voting of the Committee of Creditors under Section 24 of the IBC
	Topic-7 : RP to conduct the CIRP and manage the operations
		Resolution Professional to conduct the CIRP and manage the operations of the Corporate Debtor
		Insolvency Resolution Process Costs & Essential supplies
		To identify preferential transactions under Sec. 43 of the Code in any CIRP, step to be taken by a Resolution Professional
	Topic-8 : CIRP and Resolution Plan
		Information Memorandum, Expression of Interest, Request for Resolution Plans & Resolution Plans
		Role of the prospective resolution applicant
		Persons not eligible to be Resolution Applicant [Sec. 29A of IBC]
		Submission and approval of the Resolution Plan
		Liability for prior offences under Section 32A of the IBC
CH-4 : Liquidation Process
	Topic-1 : Initiation of Liquidation
	Topic-2 : Appointment & Remuneration of Liquidator
		Appointment & Remuneration of Liquidator under Sec. 34 of IBC
		Powers and duties of Liquidator under Sec. 35, 37 of IBC
	Topic-3: Liquidation Estate
	Topic-4: Public announcement, Preliminary report, Early dissolution and Progress reports under Liquidation
	Topic-5: Claims under Liquidation
	Topic-6: Preferential, undervalued and Extortionate Credit Transactions
		Preferential, Undervalued and Extortionate Credit Transactions under Sec. 43, 44, 45, 46, 47, 48, 49, 50, 51 of IBC
		To identify preferential transactions under Sec. 43 of the Code in any CIRP, step to be taken by a Resolution Professional
	Topic-7: Secured Creditor in Liquidation Proceedings
	Topic-8: Realisation of Assets in Liquidation Proceedings
	Topic-9: Proceeds of Liquidation and Distribution of Proceeds
CH-5 : Personal Guarantor
		Chapter VIII Indemnity and Guarantee of Indian Contract Act, 1872
		All about Personal Guarantor under IBC Part-I
		All about Personal Guarantor under IBC Part-II
		Insolvency Resolution Process Regulation
		Bankruptcy Process for PG Regulation
		IRP Application to AA Rules
		Bankruptcy Process Application to AA Rules