Claims of workmen and employees of under insolvency and bankruptcy code of India.
Chapter V of the Consumer Protection Act 2019 provides for the Mediation. It comprises of eight provisions - Sections 74 to 81. It has come into force from 20th July 2020. Recently, Supreme Court of India has directed all State Governments and Union Territories to take measures to establish Mediation Cells and enable e-filing of … Continue reading Mediation under the Consumer Protection Act 2019
There could be various scenario for considering mediation to resolve existing or probable conflict. One of the important reasons to opt mediation is that it allows you to resolve disputes on principles rather than on feelings or intuition of parties. It helps you prevents hasty decisions and avoid pressure - even when it is necessary … Continue reading Why mediation?
India has made drastic change on the way insolvency is resolved for corporate entity with limited liabilities with the enactment of much coveted Insolvency and Bankruptcy Code, 2016 (the IBC). And recently it has witnessed the 6th amendment to the IBC. This shows that while the IBC is in the making (work in progress), what is heartening … Continue reading Pre-pack under the IBC: an option for MSME Corporates to resolve its financial distress without losing control
In India, mediation can be a statutory requirement, generally before institution of a suit (majority of cases), or a court referred (rare) or a contractual i.e. requirement of private contract between parties (gaining momentum). There is no specific law of mediation in India. However, the mediation is recognised in India under different statutes. The same … Continue reading Mediation in India
We do not guarantee result, one way or the other, in litigation. In fact no one can. Why ..... keep reading. The out come of litigation depends upon a lot many factors like facts, legal position, manner of presenting the case, the efficiency and skill of the advocates, the care taken by the clients in … Continue reading We do not guarantee result in litigation – why…
initiate IBC action, if the Arbitration award
The Apex Court held that the period that the Central Govt. may prescribe to complete investigation u/s.212(3) is directory and no fixed period is provided for completion of investigation by SFIO; transfer of investigation by other agencies to SFIO u/s.212(2) of the Companies Act 2013 is irrevocable; when accused is directed to remand by a … Continue reading Whether SFIO needs to complete the investigation within the time specified by the Central Govt.?
Asset held in trust not subject to the moratorium u/s.14 of the IBC. Sun Pharmaceutical Industries Ltd. filed application before NCLT, Chandigarh bench seeking its direction to allow it to lift its stock of raw materials of approx. Rs.14 crore in possession of the Parabolic Drugs Ltd (Corporate Debtor). The Corporate Debtor was undergoing the … Continue reading Asset held in trust not subject to the moratorium u/s.14 of the IBC
The Hon’ble Supreme Court on 10 April 2019 in Garware Wall Ropes Ltd vs Coastal Marine Constructions & Engineering Ltd. (Civil Appeal No. 6361/2019) ruled that when the Supreme Court or the High Court when considers an application under Section 11(4) to 11(6) under Arbitration and Conciliation Act, 1996 (Act or Arbitration Act) and comes … Continue reading An arbitration clause that is contained in a contract would not “exist” as a matter of law until the contract is duly stamped