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DISPUTE DIGEST

Consumer Penalties vs Insolvency Moratorium
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Clarifying interplay between consumer protection and insolvency laws

SC: Penalty under CP Act can't be stayed during interim moratorium under IBC section 96, rules in recent judgment

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Court rules out prosecution after resolution plan approval

Delhi High Court ruled in BPSL v Union of India (2025) that a corporate debtor cannot be prosecuted for pre-CIRP offences after resolution approval

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Analysis of limitations in DMRC v HCC

Delhi High Court ruled on DMRC’s Section 34 petition challenging an arbitral award to HCC Samsung JV, focusing on the limitation period

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Debtor prosecutions stayed after CIRP: Delhi court

Delhi High Court examined the interplay between the IBC and the Negotiable Instruments Act, 1881

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Court ex parte ruling in power case

Delhi High Court, in Isar Engineers v NTPC-SAIL Power (2025), ruled that arbitrator independence is a complex issue

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Court addresses international nature of arbitration

Delhi High Court ruled on whether arbitration awards qualified as ICA, limiting judicial review compared to domestic arbitration

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Supreme Court clarifies classification of debt

India’s Supreme Court ruled that a debtor’s pledge under a DoH is a financial debt under the IBC

High Court Ruling on CIRP Settlements
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No room for one-off settlements post CIRP

Settlements are a key tool in commercial dispute resolution

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No special treatment for government agencies in arbitration

Unilateral appointment clauses in public-private contracts violate Article 14, as per a landmark ruling

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Statutory authorities on par with private entities in arbitration matters

Supreme Court altered Madras HC order for statutory authority's bank guarantee over award depositt

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Balance sale consideration not ‘financial debt’: NCLAT

NCLAT ruled balance sale consideration is not "financial debt" under the IBC

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Supreme Court allows more time to pass arbitral award

The Supreme Court allows time extensions for arbitral awards past the mandate expiry with sufficient cause

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Arbitration clause needed in newer contracts

Delhi High Court has held that where there are two contracts and the parties in both agreements are not identical

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Supreme Court leans against intervention in foreign awards

Supreme Court upholds foreign award enforcement, emphasizing limited intervention. Detailed legal analysis by Numen Law Offices

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Arbitrators’ rights to terminate proceedings curbed

The Supreme Court has delivered a significant judgment, in Dani Wooltex Corporation & Ors v Sheil Properties & Anr

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Professional work not ‘service’ under consumer law

The Supreme Court’s judgment, in Bar of Indian Lawyers v DK Gandhi PS National Institute of Communicable Diseases and Anr, 2024

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Guidelines for special courts in money laundering cases

The Supreme Court has laid down guidelines for special courts dealing with complaints filed by the Enforcement Directorate

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A curative ‘cure’: Apex court settles dust in DMRC v DAMEPL

In a prolonged legal dispute between Delhi Metro Rail Corporation (DMRC) and Delhi Airport Metro Express Private Limited (DAMEPL)

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Scope of court’s ability to rewrite commercial contracts

In the case of Venkatraman Krishnamurthy and Anr v Lodha Crown Buildmart Private Limited

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Supreme Court sets limits on award modification

The Supreme Court has upheld the sanctity of arbitration awards by overturning changes made to an award made by a civil judge and upheld by the high court

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