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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

’22 Week 2 (17/02 – 24/02)

Hello! This week’s updates include developments in corporate, criminal, constitutional and human rights law among others. We look at decisions and laws to protect the LGBTQ+ community in India and New Zealand, the Tata-Mistry dispute and Russia’s “special military operation” in Ukraine, and much more! Happy Reading!

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Arbitration

Arbitrability of Insolvency Disputes: A Case Study of the Kotak Group vs Indus Biotech Case

Vishesh Jain & Dhruv Sirpurkar In June 2020, the Mumbai Bench of the National Company Law Tribunal (NCLT) pronounced its decision in the Kotak India Venture Fund vs Indus Biotech Pvt. Ltd. Case, dismissing the Section 7 IBC petition filed by Kotak. The court opined that the arbitration clause of the agreement was wide enough […]