Libertatem Magazine

Picture of Anika Sharma

Anika Sharma

Section 10A of IBC Bars CIRP in Respect of Default Post 25 March 2020, Even if CIRP Application Is Filed Before Section 10A Was Introduced: Supreme Court

Excerpt This case concerns whether Section 10A introduced through the amendment can be retrospectively applied.  Brief Facts The Appellate jurisdiction of the Supreme Court under Section 62 of the Insolvency and Bankruptcy Code, 2016 was invoked to challenge the Decision and Order of the National Company Law Appellate Jurisdiction (NCLAT).

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Commercial Courts May Also Dismiss Appeal Under Section 37(1)(c) of the Arbitration Act to Set Aside an Award: Delhi High Court

Excerpt This case concerns whether the appeal under Section 37(1)(c) of the Arbitration is maintainable against the order refusing to condone the delay in applying Section 34 of the Arbitration Act.  Brief Facts This appeal was filed by the appellant (Chintels India Ltd.) because a Certificate was issued under Article

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Consumer Fora Cannot Accept Reply or Written Statement to Consumer Complaint After 45 Days: Supreme Court

Excerpt This case concerns the dispute of whether the written statement/reply can be accepted by the consumer fora beyond the stipulated period of 45 days.  Brief Facts  This appeal was filed against the impugned order dated 04.09.2020 passed by the National Consumer Disputes Redressal Commission, New Delhi (National Commission), by

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