This commercial law newsletter provides a brief summary of the latest developments and updates in the month of August, 2023 through judgments, notifications, circulars, and other updates in the commercial sector in India including Arbitration, Taxation, Insolvency & Bankruptcy, etc. Resolution Professional responsible to conduct due diligence under Section 29A of the Insolvency & Bankruptcy Code, 2015 (“IBC”); Adequate due diligence on the prospective Resolution Applicants an

This commercial law newsletter provides a brief summary of the latest developments and updates in the month of July 2023 through judgments, notifications, circulars, and other updates in the commercial sector in India including Arbitration, Taxation, Insolvency & Bankruptcy, etc. Supreme Court upheld the view taken by NCLAT that it can recall the judgment but can’t review it The Supreme Court of India refused to interfere in the judgment of the 5-judges bench of NCLAT which h

This commercial law newsletter provides a brief summary of the latest developments and updates in the month of June 2023 through judgments, notifications, circulars, and other updates in the commercial sector in India including Arbitration, Taxation, Insolvency & Bankruptcy, etc. Petition filed under Section 9 of the Insolvency & Bankruptcy Code, 2015 (“Code”) for implementation of an arbitral award is not maintainable The National Company Law Appellate Tribunal, Chennai (“NC

This commercial law newsletter provides a brief summary of the latest developments and updates in the months of April & May 2023 through judgments, notifications, circulars, and other updates in the commercial sector in India including Arbitration, Taxation, Insolvency & Bankruptcy, etc. Operational Debt must be crystallized, undisputed and not something which requires adjudication by a competent authority NCLAT Mumbai held that the claim for compensation does not become an O

This commercial law newsletter provides a brief summary of the latest developments and updates in the month of March 2023 through judgments, notifications, circulars, and other updates in the commercial sector in India including Arbitration, Taxation, Insolvency & Bankruptcy, etc. Once a decision is made in a Section 34 application, the Court has no power to remit the arbitration matter to the Arbitrator The High Court of Telangana has held that once a decision is made in an

This commercial law newsletter provides a brief summary of the latest developments and updates through judgments, notifications, circulars, and other updates in the commercial sector in India including Arbitration, Taxation, Insolvency & Bankruptcy, etc. Jurisdiction of the Arbitral Tribunal cannot be challenged at an Appellate stage if the parties have participated in the arbitral proceedings without any objection The State of Madhya Pradesh preferred an appeal under Section

This post has been written by Rishika Sharma a student of the 4th Year, B.B.A.LL.B. Symbiosis Law School, Noida who is currently working as an intern with Sigma Chambers. Case: ES Krishnamurthy v. Bharath Hi Tech Builders Private Limited Citation: 2021 SCC OnLine 1242 Bench: D.Y. Chandrachud and A.S. Bopanna, JJ Introduction Recently, in the decision of ES Krishnamurthy v. Bharath Hi Tech Builders Private Limited, the Supreme Court laid down certain principles: The AA must e