REAL ESTATE WEEKLY ROUND UP: NOVEMBER 25 – DECEMBER 1

MAHARASHTRA REAL ESTATE REGULATORY AUTHORITY Maharashtra RERA Holds Spenta Enclave Liable For Delay, Orders Interest To Homebuyers Case – Anil Kishinchand Rajani & Anr Versus Spenta Enclave Pvt. Ltd A/W 1 other Citation – Complaint No. CC006000000193129 A/W 1 other While allowing the complaints of Two homebuyers, Maharashtra Real Estate Regulatory Authority (Authority) bench comprising of Manoj Saunik (Chairperson) directed Spenta Enclave to pay interest to the homebuyers...

Arbitration Weekly Round-Up [25th November To 1st December, 2024]

Supreme Court S.29A Arbitration | 'Sufficient Cause' To Extend Time For Award Should Be Interpreted To Facilitate Effective Dispute Resolution : Supreme Court Case Title: M/S AJAY PROTECH PVT. LTD. VERSUS GENERAL MANAGER & ANR., SLP (C) NO. 2272 OF 2024 Citation : 2024 LiveLaw (SC) 915 Extending the time for an arbitral tribunal to pass its award, the Supreme Court recently observed that extension can be allowed even after the expiry of the statutory period and the...

Arbitration Weekly Digest 11th November-17 th November 2024

Supreme Court S. 11(6) A&C Act | Referral Courts Should Limit Its Enquiry To Prima Facie Existence Of Arbitration Agreement : Supreme Court Case Title: GOQII TECHNOLOGIES PRIVATE LIMITED VERSUS SOKRATI TECHNOLOGIES PRIVATE LIMITED, Citation : 2024 LiveLaw (SC) 891 In a recent decision, the Supreme Court reiterated that the referral courts under Section 11(6) of the Arbitration & Conciliation Act, 1996 (“Act”) should refrain from conducting an in-depth factual analysis of...

IBC Weekly Digest: 11th November To 17th November 2024

Nominal Index 1. Central Bank of India Versus Deepen Arun Parekh, Company Appeal (AT) (Insolvency) No. 697 of 2024 2. CADILLAC INFOTECH PVT. LTD.Versus JKM INFRASTRUCTURE PVT. LTD and Ors., Company Appeal (AT) (Insolvency) No. 1610 of 2024 & I.A. No. 5879 of 2024 3. Globomet Engineering Private Limited Versus Shri Tejas J Parikh and Ors., Company Appeal (AT) (Insolvency) No. 1080 of 2022 4. Chandrakant Khemka Versus Santanu Bhattacharjee and Ors.,...

Tax Quarterly Digest: July To September 2024

1. [UP Trade Tax Act] Because Of Refund Due From Assessment Proceedings, Can't Escape Liability Of Depositing Tax Realized: Allahabad High CourtThe Allahabad High Court has held that a registered dealer cannot withhold the tax realised by him from a purchasing dealer only because he had deposited an excess amount of tax at the time of the transaction.The Court held that he cannot escape the liability of depositing the tax realized under the U.P. Trade Tax Act, 1948 because a refund is due to him...

Tax Monthly Digest: October 2024

1. Kerala High Court Strikes Down Rule 96(10) of CGST Rules Retrospectively, Finds Them Ultra Vires To CGST Act The Kerala High Court struck down Rule 96(10) of the Central Goods and Service Tax Rules holding that it was ultra vires to the Section 16 of the Integrated Goods and Service Tax Act and was manifestly arbitrary. Justice P. Gopinath noted that Section 16 has not imposed any restriction in availing refund of taxes paid on input goods and input services or claiming refund of...

IBC Weekly Digest: 4th November To 10th November 2024

NOMINAL INDEX Noida Special Economic Zone Authority Vs. Manish Agarwal & Ors., CIVIL APPEAL NOS. 5918-5919 OF 2022, 2024 LiveLaw (SC) 858STATE BANK OF INDIA AND ORS. Versus THE CONSORTIUM OF MR. MURARI LAL JALAN AND MR. FLORIAN FRITSCH AND ANR.| C.A. No. 5023-5024/2024 and Connected, 2024 LiveLaw (SC) 866Pratham Expofab Private Limited v. Mr. Anil Matta, Resolution Professional and Ors., Company Appeal (AT) (Insolvency) No. 1803 of 2024 Sandip Narendrakumar Patel...

Arbitration Weekly Round-Up: 4th November To 10th November 2024

Supreme Court Government Entity Can't Be Given Differential Treatment While Staying Operation Of Arbitral Award : Supreme Court Case Title: International Seaport Dredging Pvt Ltd Versus Kamarajar Port Limited, Case Number- Civil Appeal No 12097 of 2024 Recently, the Supreme Court disapproved of a High Court's decision to exempt a government entity from depositing other amounts in addition to the arbitral award amount as a condition precedent for seeking a stay on the...

Arbitration Monthly Digest: October 2024

Supreme Court Arbitral Award Must Carry Post-Award Interest As Per S. 31(7)(b) : Supreme Court Case Title: R.P. GARG VERSUS THE CHIEF GENERAL MANAGER, TELECOM DEPARTMENT & ORS., CIVIL APPEAL NO. 10472 OF 2024 Citation : 2024 LiveLaw (SC) 794 The Supreme Court held that the post-award period shall carry a rate of interest decided as per Section 31(7)(b) of the Arbitration & Conciliation Act, 1996 (Arbitration Act). “For the reasons to follow, while allowing the appeal...

Monthly Digest Of IBC Cases: October 2024

SUPREME COURT 'Breaches Discipline Of Law Laid Down In IBC' : Supreme Court Disapproves Of HC Deferring CIRP Under Article 226 Case Title: CoC of KSK Mahanadi Power Company Ltd. v. Uttar Pradesh Power Corporation Ltd. and Ors. Citation : 2024 LiveLaw (SC) 815 The Supreme Court recently took exception to the Telangana High Court ordering the deferring of the Corporate Insolvency Resolution Process in the exercise of powers under Article 226 of the Constitution. The Bench of ...

IBC Quarterly Digest: July To September 2024

Supreme CourtFree Copy Of NCLT Order & Copy Of Order Obtained On Paying Cost Are 'Certified Copies' For Filing NCLAT Appeal : Supreme CourtCase Title: State Bank of India v. India Power Corporation Ltd Citation: 2024 LiveLaw (SC) 766The Supreme Court today (September 27) set aside an order of the National Company Law Appellate Tribunal (NCLAT) which refused to condone delay in filling an appeal because of the filling of a 'free copy' of the impugned order. The bench of CJI DY Chandrachud and...

IBC Cases Weekly Round Up: 21st October To 27th October 2024

NOMINAL INDEXGLAS TRUST COMPANY LLC Vs BYJU RAVEENDRAN | Diary No. - 35406/2024, 2024 LiveLaw (SC) 826VIDYASAGAR PRASAD VERSUS UCO BANK & ANR., 2024 LiveLaw (SC) 825GLAS TRUST COMPANY LLC Vs BYJU RAVEENDRAN | Diary No. - 35406/2024, 2024 LiveLaw (SC) 826Maha Mineral Mining and Benefication Private v. Gram Panchayat, Gowari, 2024:BHC-NAG:11478-DBMajor Atul Dev (Retd.) & Ors. vs. Union of India, Ministry of Corporate Affairs Through Regional Director (North Region) & Ors., Company...