Photo of Aman Patidar

Aman Patidar

Associate in Disputes practice at the Mumbai of Cyril Amarhand Mangaldas. Aman can be reached at aman.patidar@cyrilshroff.com

Door to Civil Court Remains Open Despite Bar Under RERA for a Developer Seeking Permanent Injunction

Summary: The case considered whether a suit for a common law remedy, in particular, for permanent injunction could be sought before RERA or whether a civil court retains jurisdiction to entertain such a suit. The Court held that the equitable remedy of permanent injunction falls entirely outside the scope of the powers conferred under the RERA Act; hence the bar of jurisdiction of civil courts cannot be invoked to reject such a suit filed by the developer. For developers and promoters, this ruling reinforces their right to approach civil courts to protect their interests through permanent injunctions.

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Supreme Court Gives Insolvency Claims a Fresh Lease of Life: Debt Restructuring and Substantive Compliance

Summary: The recent decision of the Supreme Court in B. Prashanth Hegde v. State Bank of India recognises that an application under Section 7 of the Insolvency and Bankruptcy Code, 2016 (“IBC”), that substantially complies with the requirements cannot be rejected merely due to insignificant errors or omissions. Further, debt restructuring can amount to acknowledgement of debt by the Corporate Debtor, extending the limitation period for filing such an application.

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Navigating the MSME Minefield: When Party Autonomy Meets Statutory Reality

Summary: The recent decision in GEA Westfalia highlights the importance of an exclusive jurisdiction clause in contracts involving MSMEs, particularly for determining the court with the jurisdiction to hear challenges to awards passed as part of the mandatory statutory arbitration under the MSMED Act.

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