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LOAN MORATORIUM JUDGMENT: REFUSAL OF TOO MANY EXPECTATIONS OF MSME/ SSI SHUBHAM BUDHIRAJA [1] Small Scale Industrial Manufacturer Association v. UOI & Ors, 23.03.2021 ASHOK BHUSHAN, J,  R. SUBHASH REDDY, J,  M.R. SHAH, J SUMMARY OF JUDGMENT The Covid-19 pandemic was an unexpected tragedy if not disaster to the entire world including Republic of India. India as mixed economy has socialistic as well as capitalistic obligations to ensure the balance between un-equals. The role of state as welfare state was duly tested and people have had legitimate expectations of waiver and relief from the Govt. concern. On same line, the GOI through its ministers issued various relief and one of them were Loan moratorium. In the present case, SSI/ MSME have prayed that court must issue directions because the existing relief was not sufficient and they have also contended that compound Interest/ penal interest cannot be charged when loan moratorium is availed. The court refused to ...

  EMERGENCY ARBITRATION & GROUP COMPANY DOCTRINE SHUBHAM BUDHIRAJA [1] 1.        EMERGENCY ARBITRATION RECOGNIZED IN INDIAN LAW? YES, by virtue of Party autonomy 2.        CAN NON-SIGNATORY BE DRAGGED IN ARBITRATION? YES, by virtue of Group company doctrine EMERGENCY ARBITRATION IS WELL RECOGNIZED BY VIRTUE OF PARTY AUTONOMY   Emergency Arbitrator is a sole arbitrator appointed by the Arbitration Institution to consider the Emergency Interim Relief Application in cases where the parties have agreed to arbitrate according to the Rules of that Arbitration Institution which contain provisions relating to Emergency Arbitration. The status of the Emergency Arbitrator is based on party autonomy as the law gives complete freedom to the parties to choose an arbitrator or an Arbitral Institution. The powers of the Emergency Arbitrator are the same of those o...

  MORATORIUM UNDER IBC & CHEQUE BOUNCE: NOSCITUR A SOCIIS   P. MOHANRAJ & ORS v. M/S. SHAH BROTHERS ISPAT PVT LTD. 01.03.2021, APEX COURT Shubham budhiraja [1] COVERAGE -           SECTION 14 IBC -           SECTION 138 NI -           COMPOUNDING UNDER NI & CRPC INTER-RELATION -           MEANING OF CIVIL & CRIMINAL PROCEEDINGS -           OBJECTIVE OF MORATORIUM -           CASES WHERE EJUSDEM GENERIS AND NOSCITUR A SOCIIS CANNOT BE MADE APPLICABLE     CONCLUSION     -           Objective of Section 14 IBC is to keep the business of corporate debtor alive   -      ...