Photo of Shikha Tandon

Partner in Litigation & Arbitration practice at the Delhi office of Cyril Amarchand Mangaldas. She is part of the dispute resolution practice with a special emphasis on corporate litigation, such as matters pertaining to Mergers and Amalgamations, Reduction of Capital and IBC litigation. Her other areas of work include, international commercial arbitrations, writs, civil and criminal litigation. She can be reached at shikha.tandon@cyrilshroff.com.

SC expands the scope of judicial inquiry under Section 11 of the Arbitration and Conciliation Act, 1996

Introduction

A two judge bench of the Supreme Court has recently passed a landmark judgment, expanding the scope of judicial inquiry under Section 11 of the Arbitration and Conciliation Act, 1996, (“Act”), in DLF Home Developers Limited v. Rajapura Homes Private Limited & Anr[1] and DLF Home Developers Limited v. Begur OMR Homes Private Limited & Anr[2].


Continue Reading SC expands the scope of judicial inquiry under Section 11 of the Arbitration and Conciliation Act, 1996

Scope of judicial interference

Introduction

There are only a few sections in the Arbitration and Conciliation Act, 2016 (“Act”), in which Court’s reference or assistance is invited post commencement of arbitration and constitution of the arbitral tribunal.


Continue Reading Scope of judicial interference – Order passed by an Arbitral Tribunal under Section 27 of the Arbitration and Conciliation Act, 1996

The provisions of the Companies Act, 2013 (the Act), and the rules framed thereunder, mandate companies to file requisite documents, including annual returns and financial statements, with the concerned Registrar of Companies (RoC) of their jurisdiction. Non-adherence to such provisions and non-filing of the requisite documents is an offence, exposing non-complaint companies and its directors to severe penal consequences, including fines and prosecution.

However, the records of the Ministry of Corporate Affairs (MCA) and the National Company Law Tribunals (NCLT) would clearly reveal that a lot of companies have been non-compliant with their filings. This non-compliance has been a menace to all the stakeholders involved, including, inter alia, (i) the companies and directors who have to face penal consequences for such non-compliances; (ii) the MCA and its administration who are engaged in the process of updating the records; (iii) the public/ shareholders who do not get access to the records of the companies; and (iv) the NCLT and the office of Regional Directors, which are burdened with compounding cases.


Continue Reading A Fresh Start for Companies