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Insolvency

When Recall Becomes a Door to Delay: Procedural Abuse and Finality in Insolvency Adjudication: Part 2

Shivangi Nawalkha & Shreshtha Saha Ray In Part I, we examined how recall jurisdiction, though conceived as a narrow corrective safeguard, has increasingly been deployed as a strategic instrument of delay in insolvency proceedings. Part II builds on that diagnosis by examining the jurisprudential boundaries of recall and articulating a principled reform framework. Case Studies […]

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Insolvency

When Recall Becomes a Door to Delay: Procedural Abuse and Finality in Insolvency Adjudication: Part 1

Shivangi Nawalkha & Shreshtha Saha Ray Introduction The power of the National Company Law Tribunal’s (“NCLT”) and National Company Law Appellate Tribunal’s (“NCLAT”) power to recall their own orders is a blunt yet indispensable judicial instrument. It operates as a corrective safeguard to prevent the miscarriage of justice, to nullify orders procured by fraud or […]

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TeLawgram

’21 Week 10 (06/03 – 12/03)

The past week has been fraught with judgements from various High Courts, the Supreme Court, the European Court of Justice and more. The subject of these judgements range from the Arbitration and Conciliation Act to the air pollution limits in the European Union. Apart from these, the updates also cover policy developments in countries like Spain, Germany and Switzerland. Hope you enjoy reading the updates and curated list of suggested readings!