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Indu Bhan

Articles By Indu Bhan

627 Articles

Arbitral award: Delhi High Court rejects Gangwal plea against IndiGo partner Bhatia

On September 23, LCIA had directed the parties to hold an EGM, and had asked Gangwal and Bhatia to arrive at a consensus for a resolution to remove the Articles of Association (AoA) that had restricted transfer of shares.

indigo airlines Delhi HC

SC rejects Adani Gas plea for gas distribution right in parts of Gujarat

With this ruling, the apex court has also upheld the Gujarat High Court’s September 2018 judgment that paved the way for the supply of natural gas as a clean and green fuel in the three areas of outer Ahmedabad region by st

The PPA termination notice was challenged by the GUVNL before the Gujarat Electricity Regulatory Commission which had held the termination as illegal.

Supreme Court relief to NHAI in NH-30 toll plaza case

A Bench led by Justice KM Joseph, while setting aside the HC order, held that the construction of the toll plaza in the four-laning of Patna-Bakhtiyarpur section was “not illegal or arbitrary”.

It also directed the highway authority and the concessionaire to extend the fullest benefits of the concessions/ discounts for categories of persons exempted from the collection of fee, including local residents, under Rule 9.

Supreme Court refuses to bail out hospitality sector

A Bench led by Justice DY Chandrachud refused to entertain the petition, saying such recommendations fall under the realm of policy, and the hotel body should approach the appropriate government for relief.

The restrictions against retrenchment were implemented without any compensation for the expenditure incurred by the sector to stay afloat, the association said.

SC admits Videocon RP’s appeal seeking documents from suspended top brass

A Bench led by Justice Indira Bannerjee while admitting the appeal stayed a part of the NCLAT’s order that remitted the case back to the NCLT.

The commercial court heard both the parties and reserved its orders on June 7.

Supreme Court asks insolvency tribunals to stick to resolution deadlines

A Bench led by Justice DY Chandrachud said that “inordinate delays cause commercial uncertainty, degradation in the value of the corporate debtor and makes the insolvency process inefficient and expensive.

That is because once they throw their hat in the ring and their proposal is accepted by the CoC, they would be bound by their proposal.

Setback for DMRC: Supreme Court upholds over Rs 4,600-crore arbitral award in favour of Reliance Infra

Soon after launching a joint public private partnership to build, operate and run the Airport Express line on August 25, 2008, DMRC and DAMEPL’s pact had fallen apart over some issues. Subsequently, DAMEPL pulled out from r

A bench led by Justice LN Rao while upholding the arbitration award in favour of DAMEPL, set aside the Delhi High Court’s division bench’s order that had set aside the arbitration award.

RCom NCD rating: SC upholds SAT order on Sebi penalty on Care Ratings

A Bench led by Justice Indira Banerjee, while dismissing Sebi’s appeal, said the reduction made in the facts and circumstances of the case cannot be a precedent in other cases.

The digital financial ecosystem is still an area where regulation is evolving and, therefore, the conversation must move beyond the purely self-congratulatory.

Supreme Court seeks govt reply on Anil Ambani firms’ plea seeking refund from DoT

The bankrupt companies, which are in the final stages of insolvency proceedings, have sought clarification of the apex court’s January 7, last year’s judgment that asked the government to refund Rs 104.34 crore to them.

A Bench led by Justice UU Lalit issued notice to the government on an application filed by the two companies who argued that any preferential treatment to any creditor over the other creditors is prohibited under Section 14 of the IBC.

Supreme Court: Supertech’s twin towers to be razed

The entire cost of the demolition will be borne by the builder and Noida authorities will supervise the demolition with expert guidance from the Central Building Research Institute, the top court said.

The two 40-floor towers to be demolished has a total of 915 apartments and 21 shops, of which 633 flats were booked by homebuyers. The Emerald Court House has 15 other towers, fully built with residents living here.

Unitech case: Chandra brothers to be moved to Mumbai jails on ‘secret office’ reveal

She further argued, “we have recovered hundreds of original sale deeds from that office, hundreds of digital signatures and several computers containing sensitive data with regard to their properties in India and abroad”.

The office was being visited by his sons, Sanjay and Ajay, while on parole or bail.

Videocon’s AGR dues: SC stops DoT from encashing Bharti Airtel’s bank guarantees

The apex court provided this relief to Bharti for a period of three weeks during which the telecom operator can appeal in the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) against the demand notice issued by the

As per the SC's July 20, 2020, order, Bharti Airtel said that it had so far paid Rs 18,400 crore, which is more than 10% of its total AGR dues of Rs 45,356 crore.

SC refuses to stay NCLAT order that discoms can’t terminate PPAs during insolvency process

Upholding the NCLT’s order, the NCLAT said asset classification of a power project includes the generation plant and its PPA and the same should be looked together and not in isolation.

A bench led by Justice LN Rao while refusing to grant any relief to electricity distribution and trading company — Gujarat Urja Vikas Nigam (GUVNL) — said it will finally decide the matter in the second week of September.

Trai’s channel pricing: Supreme Court refuses to stay Bombay High Court order

Seeking response from Trai and others, a bench led by Chief Justice NV Ramana refused to stay the HC order on a batch of appeals filed by IBF and other broadcasters.

The move in the short run – if 5G auctions are held next year in March – would help Bharti Airtel and Reliance Jio in lowering their SUC payment. However, a similar gain may not come through Vodafone Idea's way.

Supreme Court refuses to entertain banks’ plea for RTI exemption

A Bench led by Justice Nazeer said that “we don’t think it proper to hear the case. We are of the view that it is appropriate to list the matter before the original bench of J Rao”.

He also said that the judgment was delivered only after all the banks through Indian Banking Association were heard.

Videocon resolution: Supreme Court refuses to vacate NCLAT stay on Vedanta takeover bid

Apex court directs appellate tribunal to decide the matter on Sept 7

However, Singhvi assured the Bench that “nothing will happen in the meantime. Please don't make any observation.”

RIL deal: Future Retail moves SC against Delhi HC order

The development follows last week’s Supreme Court’s order wherein Amazon scored a major victory with the apex court upholding the Singapore International Arbitration Centre’s emergency arbitrator (EA) award restraining

Kishore Biyani

Round One: Win for Amazon as Supreme Court stalls Future-Reliance Retail deal

The SC said the EA order is an order within Section 17(1) and can be enforced under Section 17(2) of the Arbitration and Conciliation Act. It further held that such award cannot be appealed under Section 17(2) of the Act.

The EA award was passed in October 2020 following which Amazon had sought its enforceability by restraining FRL from going ahead with the transaction.

SC stays SAT order upholding Sebi fine on Rana Kapoor, 2 companies

A bench led by Justice SA Nazeer granted the stay on the condition that Kapoor will deposit Rs 50 lakh as directed by the SAT in its June 18 order.

rana kapoor

Supreme Court seeks response from Morepen Labs in 2003 case

Counsel Somasekhar Sundaresan, appearing for Morepen Labs, however, opposed Sebi appeal, saying that the GDR issue took place in 2003 and the show cause notice was issued in 2017, after so much delay.

A Bench led by Justice Indira Banerjee issued notice to Morepen Labs and posted the matter for further hearing on September 9.

Insurance cover for home loans: SC asks SBI Life to cough up Rs 84 cr

Irdai had ordered the refunds, as it felt that policyholders under the scheme should not have borne any cost arising from 20% administrative charges paid by the insurer to the Master Policy Holders or the banks that sold its

sbi life

UTI AMC stake: SBI, LIC, BoB move SC against SAT order

Under Section 7B of the Sebi (Mutual Funds) (Amendment) Regulation, 2018, the market regulator mandated all mutual funds to comply with the norms by March 2019.

This will enable investors to identify and access sustainability related risks and rewards of the company to make an informed and calculated investment decision,” he said.

Sabre drags Air India to Delhi HC, alleges favouritism in tender process

A bench led by Justice C Hari Shankar sought a response from Air India and Amadeus on the petition filed by Sabre, which alleges that fairness and transparency were wholly lacking in the entire process of the tender.

The bench also said any decision taken in this regard will be subject to the final outcome of the petition.

Aircel Resolution: Banks in SC, say IBC overrides telecom licence conditions

The CoC's petition has said that the appellate tribunal failed to consider that the provisions of the Insolvency and Bankruptcy Code (IBC) overrides the universal access service licence conditions, tripartite agreement and th

Aid to Maharashtra wind power units: Supreme Court admits regulator’s plea against Aptel order

It stayed Appellate Tribunal order that asked Maharashtra Electricity Regulatory Commission to decide the matter within 3 months

Maharashtra State Electricity Distribution Company (MSEDCL) moved the SC against Aptel’s April 27 judgment that asked it to grant open access facility to wind generators and also compensate them for the banked energy till the full quantum of open access is granted.

Privacy concern: Stop WhatsApp from forcing users to accept its new privacy policy, govt urges Delhi High Court

Alleges the messaging platform is obtaining consent of subscribers through trick

WhatsApp,

Google challenges new IT rules, says it’s not a social intermediary

Appeals against HC single-judge order asking it to remove morphed pornographic pictures of a woman

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