by Majmudar & Partners | Sep 27, 2018 | Disputes and Arbitration, Insolvency and Restructuring
Introduction In a recent judgment in the case of K. Kishan v. Vijay Nirman Company Pvt. Ltd., India’s Supreme Court (the “Supreme Court”) has examined whether an insolvency process can be put into operation when there is a pending proceeding challenging an arbitral...
by Majmudar & Partners | Sep 3, 2018 | Disputes and Arbitration
Introduction India’s Specific Relief Act, 1963 (the “Act”) permits a party to seek specific performance of a contract as an alternative to seeking damages for breach of contract or failure to perform the contract under the Indian Contract Act, 1872. On January 28,...
by Majmudar & Partners | Aug 17, 2018 | Technology, Telecommunication and Media
On July 27, 2018, the committee of experts under the chairmanship of Justice B. N. Srikrishna (the “Committee”) released a report titled, “A Free and Fair Digital Economy – Protecting Privacy, Empowering Indians” (the “Report”), with its analysis and...
by Majmudar & Partners | Jul 27, 2018 | Banking and Finance, Corporate/M&A
In India, under the Securities and Exchange Board of India (Substantial Acquisition of Shares and Takeovers) Regulations, 2011 (the “Takeover Regulations”), there exists a mandatory tender offer regime for acquisition of listed companies. Under this regime, both, the...
by Majmudar & Partners | Jul 19, 2018 | Disputes and Arbitration
In a recent judgment in the matter of Coastal Marine Construction and Engineering Limited v. Garware-Wall Ropes Limited, the Bombay High Court (the “Bombay HC”) has examined whether Indian courts can act upon an unstamped arbitration agreement to constitute an...
