The Delhi High Court (“Delhi HC”), in its judgement dated April 2, 2024, in the matter of STCI Finance Limited v. Sukhmani Technologies Private Limited [O.M.P. (COMM) 340/2017], has held that mere registration of shares in favour of the pledgee as the ‘beneficial owner’ does not amount to sale of shares, and that the pledgee […]
Category : Between The Lines
Supreme Court allows curative petition against an arbitral award
In the matter of Delhi Metro Rail Corporation Limited v. Delhi Airport Metro Express Private Limited [Curative Petition (C) Nos. 108-109 of 2022], decided on April 10, 2024, the Supreme Court (“SC”) bench allowed a curative petition filed by Delhi Metro Rail Corporation Limited (“Petitioner” / “DMRC”) and held that the SC previously erred in […]
Supreme Court: Workers who are engaged in the performance of work which is perennial or permanent in nature would not be classified as contractual workers
The Supreme Court, vide its judgement dated March 12, 2024, in the case of Mahanadi Coalfields Limited v. Brajrajnagar Coal Mines Workers’ Union [Civil Appeal No(s). 4092-4093/2024], has held that the workers who are engaged in the performance of work which is perennial or permanent in nature would not be classified as contractual workers. Facts […]
Bombay High Court: Orders issued by banks and financial institutions while declaring a wilful defaulter must be reasoned orders
The Bombay High Court (“Bombay High Court”), vide its judgement dated March 4, 2024, in the case of Milind Patel v. Union Bank of India and Others [2024 SCC OnLine Bom 745], has held that banks and financial institutions must provide a reasoned order before declaring the occurrence of a wilful default by an entity […]
Delhi High Court: Designation of seat of arbitration is similar to an exclusive jurisdiction clause
The Delhi High Court (“Delhi High Court”), in its judgement dated February 26, 2024, in the matter of My Preferred Transformation and Hospitality Private Limited v. Panchdeep Construction Limited [ARB.P. 847/2023], has held that the designation of seat of arbitration is akin to an exclusive jurisdiction clause. The Delhi High Court has emphasized that the […]
Bombay High Court: NCLT has jurisdiction to direct Directorate of Enforcement to release attached properties of a corporate debtor
On March 1, 2024, the High Court of Bombay (“Bombay High Court”) pronounced a judgment in the matter of Mr. Shiv Charan and Others v. Adjudicating Authority under the Prevention of Money Laundering Act, 2002 and Another [Writ Petition (L) No. 9943 of 2023] and Directorate of Enforcement, Government of India v. Mr. Shiv Charan […]