Litigation Arbitration

In December 2020, a three-member tribunal of the Permanent Court of Arbitration held in favour of Cairn energy, awarding them $ 1.2 Billion plus interest, totally amounting to $ 1.7 Billion.

Following this Award, the UK company had reportedly moved a French Court seeking enforcement. Around 20 government assets in Paris are said to have been frozen, although the Ministry of Finance has stated that it had not received any communication from the French Court regarding the same.

Through the said ordinance, the Tribunals contained therein have been abolished, and hence the Delhi High Court formed a special committee, who recommended that a distinct IPD be created, in order to avoid multiplicity of proceedings, and to avoid possibility of conflicting decisions in matters relating to trademarks, patents, designs, etc.

The newly created IPD shall now deal with all matters pertaining to Intellectual Property Rights, including all Original and Appellate Proceedings, including Writ Petitions relating to IPR Disputes.

This follows an inquiry conducted by the Assembly, probing into Facebook’s alleged role in the Delhi Riots. In this regard, the Supreme Court has held that the Assembly, although conferred with only legislative powers, can investigate complicated social problems.

The Bench opined that Facebook’s plea was premature, as only a summons had been issued, and no coercive action was taken, however, at the same time held that the Assembly ought not to encroach into prohibited domains of law, order and criminal prosecutions.

While setting aside the Order, the Court held that the subordinate court is not justified in dismissing the application by holding that the prescribed days for granting default does not includes the government holidays. The Court relied upon the judgement of Supreme Court in Central Bureau of Investigation versus Nazir Ahmed Sheikh  (AIR 1996 (83) SC 2980) to conclude that (i). period of filing of the charge-sheet will run from the date of order of remand and will be completed on the next date of remand, therefore, first date of remand will be excluded, and last date of remand will be included; (ii) last day sunday or holiday will be included in computing 60 days.

Previously, the National Company Law Tribunal had ordered for initiation of Corporate Insolvency Resolution process of OYO, for defaulting on payments amounting to ₹. 16 lakhs, with the total claims being submitted to the Interim Resolution Professional amounting somewhere between ₹.160 crore and ₹.200 crore.

Even though OYO had settled the matter with the original applicant, the NCLT continued proceedings based on the claims of other creditors. Finally, the matter has been put to rest by the NCLAT, permitting withdrawal of the case, and allowing the appeal.

The Court had first taken cognizance of the matter in Suo Moto PIL No. 1 of 2021 in April, during the second wave of the pandemic, and decided to regulate proceedings, thereby taking up only urgent matters for hearing. Similar orders were passed in the months of May and June as well.

As a consequence, the Court has also kept in abeyance, all orders for eviction, dispossession or demolition passed after April 9.

Similar orders have been passed by several other High Courts, such as the High Courts of Delhi, Telangana, Karnataka, etc.

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