Rectification of mistake remains limited to self-evident record errors, preventing merits review through miscellaneous applications and preserving fin...
Tender creditworthiness conditions may extend to de facto Promoter Directors, with post-participation challenges generally barred absent arbitrariness...
Corporate representation in PMLA summons proceedings permitted through an authorised signatory, subject to directors' continuing cooperation and atten...
Helicopter charter classification requires effective control analysis, while territorial performance, reasoned credit orders and wilful suppression de...
An Article 227 petition may be maintainable against an arbitral tribunal's rejection of a jurisdictional objection under Section 16 where the dispute is non-arbitrable or subject to an exclusive statutory mechanism, despite the absence of an appeal under Section 37. Company restructuring, asset division, management changes and share-related reliefs concerning companies not party to an MOU fall within the National Company Law Tribunal's exclusive jurisdiction under the Companies Act. Such intra-company disputes may affect minority shareholders and third parties, constitute actions in rem, and cannot be made arbitrable through a personal contract between individuals. Arbitral proceedings concerning the companies were terminated, while remedies before the NCLT remained available.
An Article 227 petition may be maintainable against an arbitral tribunal's rejection of a jurisdictional objection under Section 16 where the dispute is non-arbitrable or subject to an exclusive statutory mechanism, despite the absence of an appeal under Section 37. Company restructuring, asset division, management changes and share-related reliefs concerning companies not party to an MOU fall within the National Company Law Tribunal's exclusive jurisdiction under the Companies Act. Such intra-company disputes may affect minority shareholders and third parties, constitute actions in rem, and cannot be made arbitrable through a personal contract between individuals. Arbitral proceedings concerning the companies were terminated, while remedies before the NCLT remained available.
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