Supreme Court of India
Ankhim Holdings Pvt. Ltd. v. Zaveri Construction Pvt. Ltd.
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
What the Court ordered
We are of the view that the part of the impugned order by which the High Court declared the proceedings undertaken between 17.03.2022 and 25.08.2022 as a nullity deserves to be interfered with.
Judgment, page 17
From the headnote
Issue for Consideration Whether the High Court was justified in saying that the proceedings held by the Arbitral Tribunal on the seven relevant dates, i.e., from 17.03.2022 to 25.08.2022 were liable to be declared as nullity on the premise that those proceedings were undertaken during the period of moratorium u/s.14 of the Insolvency and Bankruptcy Code, 2016. Headnotes† Arbitration and Conciliation Act, 1996 – s.11, s.15(2), s.15(3), s.17 and s.37 – The appellants and respondent (now under liquidation) entered into a partnership firm to develop and construct an SRA project – Dispute arose
Authorities it was built on
- 2023 In Re: Interplay Between Arbitration Agreements Under the Arbitration and Conciliation Act 1996 and the Indian Stamp Act 1899 v..
- 2015 Shailesh Dhairyawan v. Mohan Balkrishna Lulla
- 2003 Subal Paul v. Malina Paul and Anr.
- 2006 M/s. Yashwith Constructions (p) Ltd. v. M/s. Simplex Concrete Piles India Ltd. & Anr.
- 1968 Official Trustee, West Bengal & Ors. v. Sachindra Nath Chatterjee & Anr.
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