Category: Arbitration-Supreme Court

Batliboi Environmental Engineers Ltd. Vs. Hindustan Petroleum Corporation Ltd. and Another – Supreme Court

Posted by IBC Laws Editoron September 25, 2023September 24, 2023in Arbitration-Supreme Court, Newsletter-Arbitration

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A dissenting opinion cannot be treated as an award if the majority award is set aside – Hindustan Construction Company Ltd. Vs. National Highways Authority of India – Supreme Court

Posted by IBC Laws Editoron August 25, 2023August 25, 2023in Arbitration-Supreme Court, Newsletter-Arbitration

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S.D. Shinde Tr. Partner Vs. Govt. of Maharashtra & Ors. – Supreme Court

Posted by IBC Laws Editoron August 23, 2023August 23, 2023in Arbitration-Supreme Court, Newsletter-Arbitration

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Scope of interference by a Court in an appeal u/s 37 of Arbitration and Conciliation Act 1996, in examining an order, setting aside or refusing to set aside an award, is restricted and subject to the same grounds as the challenge u/s 34 – Konkan Railway Corporation Ltd. Vs. Chenab Bridge Project Undertaking – Supreme Court

Posted by IBC Laws Editoron August 21, 2023August 21, 2023in Arbitration-Supreme Court, Newsletter-Arbitration

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H. J. Baker and Bros. Inc. Vs. The Minerals and Metals Trade Corporation Ltd. – Supreme Court

Posted by IBC Laws Editoron August 18, 2023August 21, 2023in Arbitration-Supreme Court

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Court cannot reduce rate of interest awarded in an arbitration award and is powerless to modify award and can only set aside partially or wholly – M/s. Larsen Air Conditioning and Refrigration Company Vs. Union of India & Ors. – Supreme Court

Posted by IBC Laws Editoron August 17, 2023August 18, 2023in Arbitration-Supreme Court, Newsletter-Arbitration

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No Constitutional Court can issue a writ of mandamus to a legislature to enact a law on a particular subject in a particular manner – Union of India & Ors. Vs. K. Pushpavanam & Ors. – Supreme Court

Posted by IBC Laws Editoron August 17, 2023September 11, 2023in Arbitration-Supreme Court, Case Laws-NI-Supreme Court, Case Laws-SARFAESI-Supreme Court, CCA-Commercial Courts Act Case Laws (High Court &Supreme Court), Common Interpretation judgment, Companies Act-Supreme Court, IBC-Case Laws-Supreme Court, Indian International Arbitration Centre Act Case Laws(High Court &Supreme Court), Newsletter-Arbitration, Newsletter-IBC Case

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Vinod Kumar Sachdeva (Dead) Thr Lrs Vs. Ashok Kumar Sachdeva & Ors. – Supreme Court

Posted by IBC Laws Editoron July 25, 2023August 16, 2023in Arbitration-Supreme Court

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Vinod Kumar & Ors. Vs. District Magistrate Mau & Ors. – Supreme Court

Posted by IBC Laws Editoron July 7, 2023July 23, 2023in Arbitration-Supreme Court

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Indian Potash Ltd. Vs. M/s Emmsons Gulf DMCC – Delhi High Court

Posted by Ramroopon July 7, 2023July 17, 2023in Arbitration-Supreme Court

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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