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Oct 22, 2024 | 
lexology.com | Farhad Sorabjee |Pratik Pawar |Shanaya Cyrus Irani
The single bench of the Hon’ble High Court of Delhi (“Delhi High Court”) in Aditya Birla Fashion and Retail Limited vs. Saroj Tandon has held that pre-litigation mediation under Section 12A of the Commercial Courts Act, 2015 (“Commercial Courts Act”) is a mandatory requirement, even in respect of counterclaims in a commercial dispute. Brief factsSaroj Tandon (“Respondent”) owned a shop which was leased to Aditya Birla Fashion and Retail Limited (“Petitioner”).
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Sep 23, 2024 | 
mondaq.com | Pratik Pawar |Siddhesh S Pradhan |Meher Mistri |Farhad Sorabjee
JSA successfully represented Chemco Plastic
Industries Private
Limited1 (“Plaintiff-Respondent”)
before the Bombay High Court (“Bombay
HC”), which has inter alia held
that in deciding whether a plaintiff has sought urgent interim
relief only to bypass the bar of compulsory pre-litigation
mediation under Section 12-A of the Commercial Courts Act, 2015
(“Commercial
Courts Act”), delay in seeking
interim relief is not a factor.
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Sep 13, 2024 | 
mondaq.com | Siddhesh S Pradhan |Meher Mistri |Farhad Sorabjee
J
JSA
More
JSA is a leading national law firm in India with over 400 professionals operating out of 7 offices located in: Ahmedabad, Bengaluru, Chennai, Gurugram, Hyderabad, Mumbai and New Delhi.
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Jul 30, 2024 | 
mondaq.com | Shanaya Cyrus Irani |Siddhesh S Pradhan |Meher Mistri |Farhad Sorabjee
J
JSA
More
JSA is a leading national law firm in India with over 400 professionals operating out of 7 offices located in: Ahmedabad, Bengaluru, Chennai, Gurugram, Hyderabad, Mumbai and New Delhi.
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Jul 16, 2024 | 
lexology.com | Farhad Sorabjee |Pratik Pawar |Siddhesh S Pradhan |Meher Mistri
JSA successfully represented Chemco Plastic Industries Private Limited1 (“Plaintiff-Respondent”) before the Bombay High Court (“Bombay HC”), which has inter alia held that in deciding whether a plaintiff has sought urgent interim relief only to bypass the bar of compulsory pre-litigation mediation under Section 12-A of the Commercial Courts Act, 2015 (“Commercial Courts Act”), delay in seeking interim relief is not a factor.
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Jun 21, 2024 | 
lexology.com | Farhad Sorabjee |Siddhesh S Pradhan |Meher Mistri
By an office memorandum dated June 3, 2024, the Ministry of Finance, Government of India has issued guidelines to government entities and agencies including central public sector enterprises (“CPSEs”), public sector banks (“PSBs”), and government companies in contracts for domestic procurement (“Guidelines”).
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Apr 25, 2024 | 
lexology.com | Farhad Sorabjee |Pratik Pawar |Shanaya Cyrus Irani
The division bench of the Bombay High Court (“Bombay HC”) has in Saurer Textile Solutions Pvt Ltd v.
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Apr 25, 2024 | 
lexology.com | Farhad Sorabjee |Shanaya Cyrus Irani |Siddhesh S Pradhan |Meher Mistri
A single bench of the Bombay High Court (“Bombay HC”) has in Cardinal Energy and Infra Structure Private Limited & Anr. v. Subramanya Construction and Development Co. Limited & Ors.1 held that the power to implead a nonsignatory to an arbitration proceeding vests in an arbitral tribunal on the basis of the group of companies doctrine laid down in Cox and Kings Limited v. SAP India Private Limited & Anr2 (“Cox and Kings”).
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Jan 17, 2024 | 
lexology.com | Aashit Shah |Dheeraj Nair |Dhirendra Negi |Farhad Sorabjee |Varghese C Thomas |Sidharth Kumar Sethi | +2 more
Find out more about Lexology or get in touch by visiting our About page. RegisterTo view this article you need a PDF viewer such as Adobe Reader. If you can't read this PDF, you can view its text here. Go back to the PDF. IndiaJanuary 17 2024This Compendium consolidates all the case laws and notifications under the Insolvency and Bankruptcy Code, 2016 circulated as prisms and summarised in the newsletters during the calendar period from January 2023 till December 2023.
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Oct 6, 2023 | 
lexology.com | Farhad Sorabjee |Pratik Pawar |Siddhesh S Pradhan |Meher Mistri
The Bombay High Court (“Bombay HC”) has in Parekh Plastichem Distributors LLP vs. Simplex Infrastructure Limited considered two conflicting arbitration clauses and held that an arbitration clause contained in a purchase order, which sets out the terms of engagement between the parties, prevails over an arbitration clause contained in an invoice raised by a party.
