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[By Swarnendu Chatterjee & Shreya Mittal] The authors are Advocate-on-Record, Supreme Court of India and a student at National Law Institute University, Bhopal respectively. Abstract: By a judgement dated December 13, 2023, a seven-judge bench of the Supreme Court in In Re: Interplay between Arbitration Agreements under the Arbitration and Conciliation Act, 1996 and the Indian Stamp Act, 1899, unanimously decided on the issue surrounding the admissibility...
[By Aryaditya Chatterjee] The author is a student of School of Law (Christ Deemed to be University). INTRODUCTION On 3rd of January, 2024 the High Court of Madhya Pradesh (HC) in the case of Aniruddh Singh v Authorized Officer ICICI BANK LTD[1], held that Debt Recovery Tribunal has the power to condone delay for an application filed under Section 17(1) of the SARFAESI Act2002 through the application...
[By Ayushman Rai] The author is a student of National Law University, Jodhpur. Background Until the 2023 amendment, the Indian law didn’t explicitly take a stand between the global and relevant turnover, and hence the pendulum kept on swinging between the two. This article is written with the twin motives of examining the backdrop and implications of the changes in the basis for penalisation under Indian law; and...
[By Agrima Bajpai & Kritika Soni] The authors are students of National Law Institute University, Bhopal. Introduction The Air India-Vistara merger has been picking up speed since the approval was granted by the Chandigarh Bench of the National Company Law Tribunal (“NCLT”) in early June this year. The merger is likely to make it India’s largest international carrier and the 2nd largest domestic carrier, second only to...
[By Sidhanth M K Majoo] The author is a student of National Law University, Odisha. Introduction Competition Commission of India recently passed an order requiring Swiggy to share confidential business information. Swiggy filled a petition in the Karnataka High Court challenging this order on the ground that is it arbitrary and could detrimentally impact its business operations. The dispute originates from a 2021 complaint by the NRAI,...
[By Pranshu Agarwal] The author is a student of Institute of Law, Nirma University. Introduction The Exchange-Traded Currency Derivatives (“ETCD”) was introduced with the primary aim to enable traders and members to hedge their forex risk exposure, but they were using the ETCD platform for speculative trading without having any underlying contracted exposure. Although, the Reserve Bank of India (“RBI”) had stated that the Authorised Dealers (“AD”)...
[By Shruti Srivastava] The author is a student of National Law University and Judicial Academy, Assam. Introduction Currently, India has more than 1,12,718 registered start-ups, making it the third largest start-up ecosystem globally after the USA and China. However, despite these burgeoning numbers, India has only 111 profitable unicorns. Among the many concerns that India’s startup ecosystem is facing, funding emerges as paramount. Though there are multiple...
[By Zoya Farah Hussain & Vasundhara Mukherjee] The authors are students of National Law University Odisha. INTRODUCTION The volatile nature of the Indian securities market has effected various changes in the regulations overseeing the sector but despite the existence of this structured mechanism, there are numerous trading methods undertaken by investors for profit maximisation. In light of the recent announcement by SEBI, we aim to analyse the...