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Dispute Resolution

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Kartikey Mahajan

Submitted by indigoadmin on Wed, 04/06/2022 - 17:21

Kartikey Mahajan is a Partner in the Dispute Resolution practice group of Khaitan & Co. Kartikey joined the firm in 2022 to set up its Singapore disputes office. He currently splits his time between Singapore and the UAE. 

Concluded PPAs cannot be interfered with and financial quagmire cannot be a ground to seek reduction in the tariff - High Court of Andhra Pradesh

Submitted by indigoadmin on Wed, 03/23/2022 - 18:38

In a landmark Judgement dated 15 March 2022 (Judgement) in Writ Appeal No. 383 of 2019: Walwhan Renewable Energy Limited vs. State of Andhra Pradesh & Ors.

A Defaulting Guarantor of a Corporate Debtor is not eligible to submit a resolution plan : Supreme Court

Submitted by indigoadmin on Tue, 01/25/2022 - 13:55

The Supreme Court (SC) interpreted the scope and applicablity of Section 29A(h) of the Insolvency and Bankruptcy Code 2016 (the Code) by way of its judgement dated 18 January 2022 in Bank of Baroda and Anr. v. MBL Infrastructures Limited and Ors., 2022 SCC OnLine SC 48  providing clarity  as to whether a guarantor whose guarantee is invoked by a creditor  is eligible to submit a resolution plan under Section 29A(h) of the Code.

Charitable educational institutions are not exempted from payment of electricity duty under the Maharashtra Electricity Duty Act, 2016

Submitted by indigoadmin on Wed, 01/19/2022 - 19:48

The Supreme Court in a recent judgment dated 07.01.2022 passed in CA No. 7319 of 2021: State of Maharashtra vs. Shri Vile Parle Kelvani Mandal & Ors. held that charitable educational institutions registered under the Societies Registration Act, 1860 and the Maharashtra Public Trusts Act, 1950 are not exempted from the levy/payment of electricity duty under the Maharashtra Electricity Duty Act, 2016 (2016 Act) post 01.09.2016. The issue arose from an appeal against the judgment and order dated 28.02.2019 (Impugned Judgment) passed by the High Court of Bombay in W.P. No.2961 of 2018. 

Limitation to file appeal under Insolvency and Bankruptcy Code 2016 starts running from the date of pronouncement of order

Submitted by indigoadmin on Fri, 11/12/2021 - 18:32

A three-judge Bench of the Supreme Court of India (SC) in V. Nagarajan v. SKS Ispat and Power Ltd. & Others (judgment dated 22 October 2021 in Civil Appeal No. 3327 of 2020) dismissed an appeal against an order passed by the National Company Law Appellate Tribunal (NCLAT) which had dismissed an appeal against an order passed by the National Company Law Tribunal Chennai (NCLT) under the Insolvency and Bankruptcy Code, 2016 (IBC) as barred by limitation.

Supreme Court orders an independent investigation into the Pegasus Spyware Attack

Submitted by indigoadmin on Sun, 10/31/2021 - 20:25

On 27 October 2021, the Supreme Court of India (Supreme Court) ordered the constitution of a technical committee headed by a retired judge of the Supreme Court to probe into the alleged use of a spyware called Pegasus for surveillance of several citizens of India. The judgment is of particular importance as it addresses the larger impact of the use of surveillance technologies on the fundamental right to privacy, protection of data and freedom of the press, and the need to balance these rights against the security interests of the State.