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ARTICLE · 22 JANUARY 2021

Between The Lines... January, 2021

The Supreme Court ("SC") has in its judgment dated November 26, 2020 in the matter of M/s Noy Vallesina Engineering SpAv. M/s Jindal Drugs Limited and Others [Civil Appeal No. 8607 of 2010]...

IndiaLitigation, Mediation & Arbitration
Ajita Patnaik
Ajita Patnaik
Netra Nair
Netra Nair
Oorja Chari
Oorja Chari
Simran Gupta
Simran Gupta
Simrann Venkkatesan
Simrann Venkkatesan
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Article by Vijay Pal Dalmia, Advocate, Supreme Court of India and Delhi High Court, Partner & Head of Intellectual Property Laws Division, Vaish Associates Advocates, India

Key Highlights

I. Supreme Court: Proceedings under Section 34 of the Arbitration and Conciliation Act, 1996 not maintainable against foreign award

II. NCLAT: Creditor could not be restrained from simultaneously initiating CIRP against both the principal borrower and the guarantor

III. Supreme Court: Tenancy disputes under Transfer of Property Act, 1882 are arbitrable except when governed by rent control legislations

IV. NCLAT: Reiterated that rent is not to be considered as an operational debt under the IBC

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