Subramanian Swamy Moves Delhi HC Alleging Rs.5100 Crores Scam In Max Life's Transactions With Axis Bank, Seeks Expert Probe

By way of a public interest litigation, BJP leader Dr Subramanian Swamy has moved the Delhi High Court against an alleged scam of Rs.5100 crores involving Axis Bank making undue gains from transactions in shares of Max Life Insurance.The plea was listed today before the Bench of Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora.Senior Advocate Rajshekhar Rao,...

Will Procedure Under Commercial Courts Act, 2015, Apply To Cases Instituted Before Its Commencement? Delhi HC Refers Yes Bank's Appeal to Larger Bench

The Delhi High Court has referred an appeal filed by Yes Bank to a larger bench, seeking its guidance on the issue of whether the Commercial Courts Act, 2015 would apply to cases instituted before the commencement of the Act, due to a difference of opinion with an earlier judgement by a coordinate bench. The principal question for consideration was whether an appeal filed by Yes Bank...

MSME Facilitation Council Can't Refer Enterprises To Arbitration For Contracts They Signed Before Registration Under MSME Act: Delhi H.C.

The Delhi High Court bench comprising Justice Prateek Jalan held that registration under the MSME Act is a prerequisite for availing its benefits, and such benefits cannot be claimed retrospectively for contracts entered into before registration. The bench held that the Micro and Small Enterprises Facilitation Council doesn't have the power to entertain the dispute under Section 18 of...

Absence Of Term “Seat” In Arbitration Clause, Exclusive Jurisdiction Can Be Derived From Intention Of Parties: Delhi High Court Dismisses Section 11(6) Application

The Delhi High Court bench comprising Justice Sanjeev Narula held that the intention of the parties to grant exclusive jurisdiction can be derived from the language of the arbitration clause even in the absence of the usage of the term “seat” in the arbitration clause. The bench held that if there is an agreement explicitly or impliedly stating a seat of arbitration, the...

Absence Of Term “Seat” In Arbitration Clause, Exclusive Jurisdiction Can Be Derived From Intention Of Parties: Delhi High Court Dismisses Section 11(6) Application

The Delhi High Court bench comprising Justice Sanjeev Narula held that the intention of the parties to grant exclusive jurisdiction can be derived from the language of the arbitration clause even in the absence of the usage of the term “seat” in the arbitration clause. The bench held that if there is an agreement explicitly or impliedly stating a seat of arbitration, the...

Delhi High Court Orders Meta Platforms, Telegram To Disclose Details Of Accounts Deceiving Investors Under The Name Of 'Sequoia Capital'

The Delhi High Court has directed social media giants Facebook and Telegram, along with a Domain Name Registrar (DNR), to submit reports in sealed cover revealing the identities of individuals behind accounts, channels, or websites suspected of deceiving people using the name of 'Sequoia Capital', a US-based venture capital firm.Justice Sanjeev Narula ordered the Meta Platforms Inc....

Delhi High Court Summons ANI In Defamation Suit For Carrying Interview Allegedly Making False Triple Talaq Accusation Against Muslim Man

The Delhi High Court today summoned Asia News International (ANI) in a defamation lawsuit filed by a Muslim man questioning an interview aired by the agency in which his wife allegedly made false claims that she was subjected to Triple Talaq (instant divorce) for not bearing a male child.The woman alleged that her husband, petitioner herein, pronounced Triple Talaq after 23 years of marriage....

Generic Exclusive Jurisdiction Clause In Agreement Doesn't Supersede Courts' Jurisdiction Of Arbitration Seat: Delhi High Court

The Delhi High Court single bench of Justice Sachin Datta held that even if the agreement specifies exclusive jurisdiction on a different court, courts having jurisdiction over the seat of arbitration retain supervisory authority over the arbitral process. Therefore, it held that the presence of a generic exclusive jurisdiction clause does not diminish Delhi courts' jurisdiction as the...

Allegation of Bias Can't Be Raised After Award Has Been Passed Under S. 31, Delhi High Court Dismisses S. 34 Application

The Delhi High Court bench comprising Justice Pratibha M. Singh held that objections regarding bias against an arbitrator, as outlined in Section 12(5) of the Arbitration and Conciliation Act, 1996, cannot be raised after the arbitrator has rendered a decision under Section 31. The single bench emphasized that once an award has been made, raising allegations of bias amounts to a waiver...

Delhi High Court Directs Dept. To Consider ITC Refund In Light Of CBIC Circular Extending Benefit Of Exclusion Period

The Delhi High Court has directed the department to consider refunding the input tax credit (ITC) in light of the circular issued by the Central Board of Indirect Taxes and Customs (CBIC) extending the benefit of the exclusion period.The bench of Justice Sanjeev Sachdeva and Justice Ravinder Dudeja has observed that the benefit of exclusion of the period from March 1, 2020, to February 28,...

Disputes Prior To Registration Under MSME Act Can't Be Referred To MSME Arbitration: Delhi High Court Reiterates

The Delhi High Court bench comprising Justice Subramonium Prasad held that an entity registered under Micro, Small and Medium Enterprises Development Act, 2006 after the commencement of the contract cannot be referred to arbitration by MSME Council under Section 17 and 18 of the Act for the claims arisen before its registration. The bench noted that this objection should be raised before...

Party Failing To File Written Submission Within Time Frame, Forfeits Right To File Sec. 8 Petition Under A&C Act: Delhi High Court

The Delhi High Court bench comprising Justice Vibhu Bakhru and Justice Tara Vitasta Ganju held that a party forfeits its right to file an application under Section 8 of the Arbitration and Conciliation Act, 1996 once it has filed the written statement in a civil suit. Brief Facts: Surender Singh Sethi (“Respondent”) initiated a civil suit against Ranjana Bhasin (“Appellant”)...