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ARTICLE · 24 FEBRUARY 2021

Between The Lines – February 2021

The Hon'ble Supreme Court ("SC") by way of its judgement dated January 11, 2021 in the matter of M/s N.N. Global Mercantile Private Limited v. M/s Indo Unique Flame Limited and Others...

IndiaLitigation, Mediation & Arbitration
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: Non-payment of stamp duty on the commercial contract does not invalidate the arbitration agreement

II. NCLAT: Neither the committee of creditors has the power to determine, nor the resolution professional has the power to reclassify the status of a creditor from financial creditor to operational creditor

III. Telangana High Court: Natural justice principles to be followed before declaring borrower's account as fraudulent

I. Supreme Court: Non-payment of stamp duty on the commercial contract does not invalidate the arbitration agreement

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