Dispute resolution

Comprehending the World Bank’s Sanctions Regime: Guidance for Indian Companies, Banks and Financial Institutions

As one of the foremost international financial institutions, the World Bank (“Bank”) aims to strengthen economic progress in middle- and lower-income nations by providing financial aid for various development projects.[1] However, in 2018, the Bank sanctioned an Indian enterprise which was engaged in executing a Bank-funded project[2], highlighting the accountability of these funds. Recipients of these funds are held accountable by the Bank for using the proceeds responsibly, which is where the Bank’s sanctions regime becomes relevant.Continue Reading Comprehending the World Bank’s Sanctions Regime: Guidance for Indian Companies, Banks and Financial Institutions

Can housing societies withhold permission to install electric vehicle chargers?

Maharashtra was among the inaugural states in the country to come up with an Electric Vehicle (“EV”) policy in February 2018, to promote sustainable and clean mobility solutions and to make it a top state in EVadoption. The EV Policy was updated on July 27, 2021, to push EV sales and encourage manufacturing within the State.Continue Reading Can housing societies withhold permission to install electric vehicle chargers?

“Related Party” Creditor Under IBC: Making A Case For Purposive Interpretation

The Insolvency and Bankruptcy Code, 2016 (“Code”), has marked a significant shift in India’s corporate insolvency landscape, transitioning from a debtor-centric approach to a creditor-centric approach. With the committee of creditors (“CoC”) now driving the resolution process, it has become imperative for “related parties”, likely to sabotage the resolution process of a corporate debtor, to be excluded from the same. For this purpose, the Code stipulates that “related parties” should not (i) regain control of the company either by means of submitting a resolution plan (Section 29A); or (ii) be allowed to influence the resolution process by participating and voting in CoC meetings (first proviso to Section 21(2)).Continue Reading “Related Party” Creditor Under IBC: Making A Case For Purposive Interpretation

Is writ maintainable against an award passed under the MSME Act? – Part I

Introduction:

The Hon’ble Supreme Court (“SC”)[1] debated on the seminal question of maintainability of writ petitions against an order/ award under the Micro, Small and Medium Enterprises Development Act, 2006 (“MSME Act”). In M/s Tamil Nadu Cements Corporate Limited v. Micro and Small Enterprises Facilitation Council and Another[2] (“…

WhatsApp Blocked: SC Directs Service of Section 41A CrPC Notice by Permissible Modes Only

Introduction

Electronic devices, mass media/ social media applications are now universally used for communications, collaboration and everyday work.

The judiciary, too, has embraced such technological advances. E-filings and virtual hearings have become a regular part of legal practice in the country, and are not exceptions any longer.Continue Reading WhatsApp Blocked: SC Directs Service of Section 41A CrPC Notice by Permissible Modes Only

Internal Investigations Under the Digital Personal Data Protection Act, 2023

Introduction

The Digital Personal Data Protection Act, 2023 (“Act”), marked a pivotal development in India’s framework for data protection by addressing the longstanding need for safeguarding personal information, data protection, and data handling. Continue Reading Internal Investigations Under the Digital Personal Data Protection Act, 2023

No Vested Right for Highest Bidder: Examining IDA v. Shri Humud Jain Samaj Trust

This article analyses the Supreme Court judgment in Indore Vikas Praadhikaran (IDA) & Anr. v. Shri Humud Jain Samaj Trust & Anr. (Civil Appeal No. 13089 of 2024 arising out of SLP (Civil) No. 9940 of 2022), dealing with the highest bidder’s legal challenge following the cancellation of a tender process by the Indore Vikas Praadhikaran (“IDA”). This analysis delves into the case facts, the legal principles, relevant Indian law, and the potential impact of the judgment.Continue Reading No Vested Right for Highest Bidder: Examining IDA v. Shri Humud Jain Samaj Trust

Some Key Features of the SIAC rules 2025 and their implications for India-related Arbitrations

The seventh edition of the Singapore International Arbitration Centre (“SIAC”) arbitration rules (“2025 Rules”) came into force on January 1, 2025. The 2025 Rules are considerably longer than the previous edition, but SIAC’s very helpful summary of all its key features is available here. This piece discusses some of these key features and their implications for India-related arbitrations.Continue Reading Some Key Features of the SIAC rules 2025 and their implications for India-related Arbitrations

US-India discussion on Sanctions: Indian Companies to remain diligent about Sanctions Compliance

Recent actions: Russia-related sanctions

On October 30, 2024, the United States (“US”) Department of Treasury’s Office of Foreign Asset Control (“OFAC”) sanctioned 19 Indian companies and 2 Indian individuals under its Russia-related sanctions program under the Executive Order (“EO”) 14024. This action was in the nature of imposition of secondary sanctions on third-country actors to discourage non-US persons from engaging in certain transactions, even without a US nexus, that might be harmful to the objectives of the US sanctions programs.Continue Reading US-India discussion on Sanctions: Indian Companies to remain diligent about Sanctions Compliance

Background

A scheme of arrangement is an oft used mechanism for company restructuring, which may take the form of a ‘merger’, a ‘demerger’ or even a ‘compromise’ with creditors. Sections 391-394 of the Companies Act, 1956 (“1956 Act”), read with the Companies (Court) Rules, 1959, were the relevant statutory framework governing this. Continue Reading Objections at the first motion stage: Light at the end of the rainbow?