Dispute Resolution
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dispute_resolution
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/expertise/dispute-resolution
Amey Mirajkar
Amey Mirajkar is a Partner in the Dispute Resolution practice (White Collar Crime) group and is based out of our Mumbai office. With over 15 years of experience, he has handled matters across several sectors such as financial services, real estate, banking and foreign trade. He has advised and represented clients before various investigating authorities such as the EOW, ED, CBI, Cyber Cell, and policy machinery across several states in India.
Judgment in Commissioner of Service Tax vs. Mumbai International Airport Pvt Ltd
A 2-judge bench of the Supreme Court of India (SC) vide its judgment dated 19 May 2023 in the case of Central GST Delhi III vs. Delhi International Airport Ltd, Civil Appeal No. 8996/2019 along with CA No. 2465/2020 and CA Nos.
Supreme Court holds that an unstamped arbitration agreement is ‘non-existent’ at the pre-referral stage
In a judgment with far reaching consequences, a five-judge Constitutional Bench of the Supreme Court of India in the matter of N.N. Global Mercantile Private Limited v. Indo Unique Flame Ltd. Civil Appeal No(s). 3802-3803 of 2023 provided clarity on the effects of an unstamped or insufficiently stamped arbitration agreement in proceedings to refer disputes to arbitration on a party’s application, answering the reference made to it by the three-judge bench of the Supreme Court in N.N. Global Mercantile Private Limited v. Indo Unique Flame Limited and Others, (2021) 4 SCC 379 (N.N. Global).
Supreme Court clarifies that a borrower must be given a hearing before classification of its accounts as fraudulent and the banks/ JLF should pass a reasoned order indicating why an account has been declared as fraudulent
On 27 March 2023, a two Judge bench of the Supreme Court of India (SC) in a group of matters titled State Bank of India & Ors. v. Rajesh Agarwal & Ors inter alia upheld the decision of the Telangana High Court (HC) in Rajesh Agarwal v. Reserve Bank of India & Ors, 2020 SCC OnLine TS 2021.
Supreme Court explains the territorial jurisdiction of special courts under the PMLA
The Supreme Court of India (SC) in its judgment dated 7 February 2023 in “Rana Ayyub v. Directorate of Enforcement through its Assistant Director”,2023 SCC OnLine SC 109, interpreted the manner in which territorial jurisdiction of courts in respect of an offence under the Prevention of Money Laundering Act, 2002 (PMLA) is to be determined.