Mr. Justice Sachin Datta

Where the findings/conclusions rendered in Arbitral Award are based on no evidence and/or are perverse on the face of it, the same renders the award vulnerable to challenge under Section 34 of Arbitration and Conciliation Act, 1996 – Trans Engineers India Pvt. Ltd. Vs. Otsuka Chemicals (India) Pvt. Ltd. – Delhi High Court

Hon’ble Delhi High Court held that while scrutinising an arbitral award on the touchstone of Section 34 of Arbitration and Conciliation Act, 1996, it is impermissible to embark upon re-appreciation of factual findings rendered by an arbitral tribunal. However, the law is equally well-settled that where the findings/conclusions rendered in the arbitral award are based on no evidence and/or are perverse on the face of it, the same renders the award vulnerable to challenge.

Where the findings/conclusions rendered in Arbitral Award are based on no evidence and/or are perverse on the face of it, the same renders the award vulnerable to challenge under Section 34 of Arbitration and Conciliation Act, 1996 – Trans Engineers India Pvt. Ltd. Vs. Otsuka Chemicals (India) Pvt. Ltd. – Delhi High Court Read Post »

If Municipal Corporation did not lodge its claim in respect of Property Tax dues against the Corporate Debtor during CIRP, any statutory dues prior to the date on which Resolution Plan is approved cannot be demanded/recovered – Bhushan Power and Steel Ltd. Vs. Municipal Corporation of Delhi and Anr. – Delhi High Court

Hon’ble Delhi High Court held that:
(i) In essence, once a resolution plan is approved by the Adjudicating Authority under Section 31(1) of the IBC, all stakeholders including Central Government, any State Government or any local authority are bound by its terms, and any claims or dues including statutory dues owed to the governmental agencies which are not a part of the approved resolution plan are extinguished.
(ii) In the present case, the MCD did not lodge its claim in respect of property tax dues against the petitioner during the CIRP. Admittedly, the claim of the MCD is not a part of the approved resolution plan. Consequently, prima facie, any statutory dues owed to the MCD by the petitioner prior to the date on which the resolution plan is approved i.e. 26.03.2021, cannot be demanded/recovered.

If Municipal Corporation did not lodge its claim in respect of Property Tax dues against the Corporate Debtor during CIRP, any statutory dues prior to the date on which Resolution Plan is approved cannot be demanded/recovered – Bhushan Power and Steel Ltd. Vs. Municipal Corporation of Delhi and Anr. – Delhi High Court Read Post »

Where is an assignment of a contract containing an arbitration agreement, the assignee will be bound by the arbitration agreement – DLF Ltd. Vs. PNB Housing Finance Ltd. and Ors. – Delhi High Court

The law is also well settled that where there is an assignment of a contract containing an arbitration agreement, the assignee will be bound by the arbitration agreement. The assignee would take both the benefit and burden of the arbitration agreement i.e., the assignee can invoke the arbitration agreement to pursue a claim and can be compelled to arbitrate a dispute raised by another party.

Where is an assignment of a contract containing an arbitration agreement, the assignee will be bound by the arbitration agreement – DLF Ltd. Vs. PNB Housing Finance Ltd. and Ors. – Delhi High Court Read Post »

Insolvency proceedings does not prevent Corporate Debtor from filing an application under Section 11 of Arbitration and Conciliation Act, 1996 against another party – Godavari Projects (J.V) Vs. Union of India – Delhi High Court

Hon’ble Delhi High Court referred New Delhi Municipal Council v. Minosha India Ltd. (2022) ibclaw.in 31 SC and held that even assuming the petitioner JV is under insolvency, the same will not prevent it (corporate debtor) from filing an application under Section 11 of the A&C Act against another party, since the said proceedings are for the benefit of the corporate debtor.

Insolvency proceedings does not prevent Corporate Debtor from filing an application under Section 11 of Arbitration and Conciliation Act, 1996 against another party – Godavari Projects (J.V) Vs. Union of India – Delhi High Court Read Post »

Scroll to Top