Author: pkp309
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Business Commercial Disputes
It’s natural that in business, dispute arises as in any relations. However, its the right approach, which helps not only resolve it but may work in the best interest of all concerned. Your approach to dispute resolution is the key. You may want or advised to be a combative ie. win-lose approach or a win-win […]
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Fate of claims of workmen and employees of an entity under insolvency in India.
Claims of workmen and employees of under insolvency and bankruptcy code of India.
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Mediation under the Consumer Protection Act 2019
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 […]
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Why mediation?
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 […]
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Pre-pack under the IBC: an option for MSME Corporates to resolve its financial distress without losing control
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 […]
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Mediation in India
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 […]
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We do not guarantee result in litigation – why…
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 […]
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When can you initiate IBC action, if the Arbitration award is in your favour?
initiate IBC action, if the Arbitration award
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Whether SFIO needs to complete the investigation within the time specified by the Central Govt.?
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 […]
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Asset held in trust not subject to the moratorium u/s.14 of the IBC
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 […]