Dispute Resolution
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Claim towards license fees for immovable property is an ‘operational debt’: NCLAT Full Bench
On 05 July 2022, a Full Bench of the National Company Law Appellate Tribunal (NCLAT) in Jaipur Trade Expocentre Private Limited v. M/s Metro Jet Airways Training Private Limited, Company Appeal (AT) (Insolvency) No.
Settlement plan or resolution plan – the wisdom of the committee of creditors is paramount
The Supreme Court of India (SC) by way of a judgment in Vallal RCK v. Siva Industries and Holdings Limited & Ors, Civil Appeal Nos. 1811-1812 of 2022 dated 03 June 2022 reaffirmed the legal position that an adjudicatory authority or an appellate authority cannot sit in appeal over the commercial wisdom of the Committee of Creditors (COC).
National Parks, Wildlife Sanctuaries should have minimum 1 Km Eco-Sensitive Zone: Supreme Court
A 3-judge bench of the Supreme Court of India (SC) vide its judgment dated 03 June 2022 in the case of In re: T.N. Godavarman Thirumulpad v Union of India & Ors., I.A. No.1000 of 2003 in W.P. (C) No. 202 of 1995 has held that every national park/wildlife sanctuary should have an eco-sensitive zone (ESZ) of minimum 1 km where developmental activities shall be regulated/prohibited in terms of the Guidelines for the Declaration of the ESZ around the National Parks/Wildlife Sanctuaries issued on 09.02.2011 (2011 Guidelines) by the Ministry of Environment and Forests (MoEF).
Supreme Court upholds the vires of provisions of the NGT Act: Rejects setting up a bench at Jabalpur
The Hon’ble Supreme Court in the case of Madhya Pradesh High Court Advocates Bar Association and Anr. v. Union of India, W.P. (C) No. 433 of 2012, upheld the vires of Sections 3, 14 and 22 of the National Green Tribunal Act, 2010 (NGT Act).
Noida dues not financial debt under IBC – Supreme Court
In a significant judgment pronounced in a batch of appeals on 17 May 2022 titled New Okhla Industrial Development Authority v. Anand Sonbhadra, Civil Appeal No. 2222 of 2021, the Supreme Court (SC), declared that New Okhla Industrial Development Authority (Noida) is an operational creditor (OC) and not a financial creditor (FC) for the purposes of a corporate insolvency resolution process (CIRP) under the Insolvency and Bankruptcy Code 2016 (Code).
Ganapathy Subbiah
Ganapathy Subbiah is a Partner in the Dispute Resolution practice groups. He advises and represents domestic and multinational clients on commercial disputes, arbitrations, white-collar crimes, regulatory/ enforcement actions, IPR, employment and mining matters before various Courts and authorities.
Prabal Mehrotra
Prabal Mehrotra is a Counsel in the Dispute Resolution practice group in our NCR office. He specialises in advising clients on litigation and has an expansive practice before various courts, for and tribunals in India.
VVV Sastry
VVV Sastry is a Partner in the Dispute Resolution practice group in the Kolkata office. He specialises in all kinds of civil and constitutional matters, including disputes pertaining to corporate, banking and insolvency, environmental laws, and consumer laws.
Nikhil Jhunjhunwala
Nikhil Jhunjhunwala is a Consultant in the Corporate and Commercial practice group in the Kolkata office with dispute resolution experience. He primarily focuses his expertise on foreign exchange laws, mergers and acquisitions, along with drafting and advisory on Wills and Trusts.