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 […]
Category : Between The Lines
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 […]
NCLAT: Definition of financial debt under IBC does not use the expression that disbursement should be made to corporate debtor only
The National Company Law Appellate Tribunal (“NCLAT”), vide its order dated January 2, 2024, in the matter of Rajeev Kumar Jain v. Uno Minda Limited [2024 SCC OnLine NCLAT 28], has held that the definition of financial debt does not use the expression that disbursement should be made to the corporate debtor only. It further […]
Delhi High Court: Directors of a company cannot be made a party to an arbitration proceeding which has been initiated against the company by the virtue of the ‘group of companies doctrine’
The Delhi High Court, vide its judgement dated January 24, 2024, in the matter of Vingro Developers Private Limited v. Nitya Shree Developers Private Limited and Others [ARB.P. 667/2023], has held that directors of a company cannot be made a party to an arbitration proceeding which has been initiated against the company by the virtue […]