LEGAL BLOG
“Legal intelligence Series” is an legal blog of AMLEGALS. It  focuses on latest legal updates and changes in law in Goods & Services Tax in India(GST), Indirect Tax, Arbitration, Insolvency & Bankruptcy (IBC), IPR- Patents, Trademark & Copyright, Contract Laws, Corporate Laws, miscellaneous laws in India etc.
This blog of our law firm has updates on recent case laws of Supreme Court of India, different High Courts of India, Tribunals(NCLT,NCLAT,CESTAT,etc) & various Authorities as well as international laws & Courts.
AMLEGALS Blog covers all latest legal updates and changes in Indian laws with its own remarks for better understanding of legal fraternity.


Unregistered Partnership Firm’s Petition and Bar of Limitation under Section 9 of the Code
202009.25
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Unregistered Partnership Firm’s Petition and Bar of Limitation under Section 9 of the Code

National Company Law Tribunal, Mumbai Bench M/s Shree Dev Chemicals Corporation v. Gammon India Limited  CP (IB) No.3637/MB.IV/2018 | Date: 16.07.2020 FACTS In the present case, Operational Creditor i.e. M/s Shree Dev Chemicals Corporation filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016 (I&B Code) to initiate Corporate Insolvency Resolution Process…

Arbitration Agreement with No Seat – Where to file Section 11 Application?
202009.25
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Arbitration Agreement with No Seat – Where to file Section 11 Application?

HIGH COURT OF DELHI Aarka Sports Management Pvt. Ltd. Vs. Kalsi Buildcon Pvt. Ltd.  Arb. P 662/2019 | Date: 06.07.2020 FACTS  The Parties had entered into an operation, maintenance and management agreement. Dispute arose therein which was first referred to mediation. When resolution through mediation failed, the arbitration clause was invoked. The arbitration clause is…

No back-door Entry for Defaulters
202009.24
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No back-door Entry for Defaulters

National Company Law Appellate Tribunal, New Delhi Bank of Baroda Vs. Mr. Sisir Kumar Appikatla [C.A. (AT) (Insolvency) No. 579 of 2020] | Date: 20.07.2020 FACTS M/s. Priya Trading Company (“Operational Creditor) has initiated the Corporate Insolvency Resolution Process under Section 9 of the Insolvency and Bankruptcy Code, 2016 (“Code”) against the Veda Biofeuel Ltd….

Taxability of Supply of Wellness or Therapy Services under GST
202009.24
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Taxability of Supply of Wellness or Therapy Services under GST

GUJARAT AUTHORITY OF ADVANCE RULINGS In Re Oswal Industries Ltd. (M/s. Nimba Nature Cure Village) Advance Ruling No. GUJ/GAAR/R/25/2020 | Date: 09.07.2020 FACTS The applicant, M/s. Oswal Industries ltd. (M/s. Nimba Nature Cure Village), is a body corporate registered under the CGST Act, 2017 read with the provisions of the GGST Act, 2017. The Nimba Nature Cure…

Limitation Period for Enforcement of a Foreign Award
202009.23
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Limitation Period for Enforcement of a Foreign Award

SUPREME COURT OF INDIA Government of India v. Vedanta Limited & Anr. CIVIL APPEAL NO. 3185 OF 2020 | 16.09.2020 FACTS  In 1994, the Production Sharing Contract (“PSC”)  was signed between Government of India (“GOI”) on one side and Vedanta Limited, Ravva Oil Singapore Pte. Ltd. and Videocon Industries Ltd. (“Respondents”) on the other side…

Debt Confirmation Letter = Fresh Limitation Period
202009.21
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Debt Confirmation Letter = Fresh Limitation Period

NATIONAL COMPANY LAW APPELLATE TRIBUNAL, NEW DELHI Yogeshkumar Jashwantlal Thakkar Vs. Indian Overseas bank & Anr.   [Company Appeal (AT) (Insolvency) No. 236 of 2020] | Date: 14.09.2020 BRIEF FACTS The Appeal was filed by the Appellants against the order passed by the National Company Law Tribunal, Ahmedabad Bench (“NCLT”), wherein it ordered admission of…

Decree Holder ≠ Financial Creditor
202009.17
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Decree Holder ≠ Financial Creditor

NATIONAL COMPANY LAW APPELLATE TRIBUNAL, NEW DELHI Sh. Sushil Ansal v. Ashok Tripathi  Company Appeal (AT) (Insolvency) No. 452 of 2020 | Date: 14.08.2020 FACTS The Respondent had filed complained the RERA Authority against the Appellant for not completing the construction and demanded a refund. The Authority issued a recovery certificate in favour of the…

Arbitrability of Fraud
202009.17
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Arbitrability of Fraud

SUPREME COURT OF INDIA Avitel Post Studioz Limited & Ors. Vs. HSBC PI Holdings (Mauritius) Ltd. Civil Appeal No. 5145 of 2016 | Date: 19.08.2020 FACTS The Appellant and the Respondent entered into a Share Subscription Agreement (“Agreement”), wherein the Parties decided that the Respondent would invest in Appellant’s equity capital. The Appellant made representation…

202009.11
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Dichotomy of Inability to Pay-Off Debts and Committing Default

National Company Law Appellate Tribunal, New Delhi Monotrone Leasing Private Limited Vs. PM Cold Storage Private Limited CA (AT) (Ins) No. 99 of 2020 | 16.07.2020 FACTS An application under Section 7 of the Insolvency and the Bankruptcy Code, 2016 (“Code”) was filled by Monotrone Leasing Private Limited (“Appellant”) for initiating Corporate Insolvency Resolution Process…

Anti-Arbitration Injunction
202009.09
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Anti-Arbitration Injunction

INTRODUCTION The regular reforms by way of amendments to the Arbitration and Conciliation Act, 1996 (hereinafter referred as “the Act”) have primarily aimed at limiting the extent of judicial interference in arbitral proceedings; providing a structure for rapid and efficient arbitration and developing India a credible commercial arbitration centre. The fundamental trend of these policy…