Nivaaran Law LLP

The NCLT, New Delhi Bench, held that insolvency proceedings against a personal guarantor under the Insolvency and Bankruptcy Code (IBC) abate upon the guarantor’s death. Legal representatives cannot be substituted in such cases. The ruling came in a case where M/s Apogee Enterprises Pvt. Ltd. sought to continue insolvency proceedings against the legal heirs of the deceased guarantor. Citing earlier judgments, the NCLT concluded that the IBC does not allow the continuation of proceedings against legal representatives, leading to the dismissal of the application and closure of the case. The title of the case is M/s Apogee Enterprises Pvt. Ltd. v. Late Shri Anil Nanda #ibc #insolvency #bankruptcy #nclt #legal #representatives

𝗧𝗵𝗶𝘀 𝗶𝘀 𝘃𝗲𝗿𝘆 𝗶𝗻𝘁𝗲𝗿𝗲𝘀𝘁𝗶𝗻𝗴 ! 𝗝𝘂𝘀𝘁𝗶𝗰𝗲 𝗦𝘂𝗿𝘆𝗮 𝗞𝗮𝗻𝘁 held that the arrest of Arvind Kejriwal by Central Bureau Of Investigation. does not suffer with any procedural infirmity. He would therefore dismiss the appeal challenging the legality of arrest. [See Screenshot 1] 𝗝𝘂𝘀𝘁𝗶𝗰𝗲 𝗨𝗷𝗷𝗮𝗹 𝗕𝗵𝘂𝘆𝗮𝗻 has clearly held that belated arrest by CBI is unjustified. He therefore clarified the impugned judgment to that extent. [See Screenshot 2] But the operative order signed by both judges says that the Criminal Appeal challenging the legality of arrest is 𝗱𝗶𝘀𝗺𝗶𝘀𝘀𝗲𝗱. Ideally, this aspect, though academic, should have gone to a larger bench.

#internshipopportunity

𝑰𝒎𝒑𝒐𝒓𝒕𝒂𝒏𝒕 #𝑺𝒖𝒑𝒓𝒆𝒎𝒆𝑪𝒐𝒖𝒓𝒕 𝒋𝒖𝒅𝒈𝒎𝒆𝒏𝒕 𝒐𝒏 𝑺𝑪-𝑺𝑻 (𝑷𝒓𝒆𝒗𝒆𝒏𝒕𝒊𝒐𝒏 𝑶𝒇 𝑨𝒕𝒓𝒐𝒄𝒊𝒕𝒊𝒆𝒔) 𝑨𝒄𝒕. • Mere knowledge of the fact that the victim is a member of the Scheduled Caste or Scheduled Tribe is not sufficient to attract Section 3(1)(r) of the Act, 1989. • The offence must have been committed against the person on the ground or for the reason that such person is a member of Scheduled Caste or Scheduled Tribe. 𝑺𝒉𝒂𝒋𝒂𝒏 𝑺𝒌𝒂𝒓𝒊𝒂 𝒗𝒔 𝑺𝒕𝒂𝒕𝒆 𝑶𝒇 𝑲𝒆𝒓𝒂𝒍𝒂 2024 𝑰𝑵𝑺𝑪 625

How to and how not to apologize in a contempt proceedings? #SupremeCourt explained in Re Patanjali Ayurved Limited 2024 INSC 605 ▶Any apology tendered by a party in contempt proceedings must be unconditional and unqualified. Such an apology must also demonstrate that it has been made with a bona fide intention and not just to wriggle out of a tight situation. ▶Tendering a qualified apology is akin to a game of dice. It could either have a positive outcome or a negative result. If the contemnor tenders a conditional apology and expects luck to play a role in the outcome of such an apology, then he should be ready to face the consequence of an outright rejection.

Greetings Connections! I had the privilege of interning with Nivaaran Law LLP for the past five months and I want to share that i gained invaluable experience in the legal field through this internship. During my time there, I had the opportunity to work on diverse cases, research complex legal issues and develop my analytical and problem-solving skills. I also want to thank the team comprising of Nikhil Singh, Sundram Joshi & Shasya Singh for their guidance, support and the collaborative and dynamic work environment they provide to the interns. I am grateful for the experience and look forward to apply the skills and insights I gained in my future endeavors.

We are pleased to announce a recent achievement by our Banking and Finance team at Nivaaran Law LLP, led by Shasya Singh, Sundram Joshi and Shakti Pandey, in a recent Letters Patent Appeal at the Hon’ble Delhi High Court. The appeal contested a Final Order from the Hon’ble Single Judge Bench, delivering a favorable outcome for our esteemed client, Canara Bank. The LPA bench clarified the impugned order of the single judge bench, upholding the Bank’s position that acceptance of Equated Monthly Installments (EMIs) under a One Time Settlement offer does not waive the Bank’s rights to reject any such offer made by a borrower as per the ratio propounded in 𝘽𝙞𝙟𝙣𝙤𝙧 𝙐𝙧𝙗𝙖𝙣 𝘾𝙤𝙤𝙥𝙚𝙧𝙖𝙩𝙞𝙫𝙚 𝘽𝙖𝙣𝙠 𝙇𝙞𝙢𝙞𝙩𝙚𝙙, 𝘽𝙞𝙟𝙣𝙤𝙧 𝙖𝙣𝙙 𝙊𝙩𝙝𝙚𝙧𝙨 𝙫𝙨. 𝙈𝙚𝙚𝙣𝙖𝙡 𝘼𝙜𝙖𝙧𝙬𝙖𝙡 𝙖𝙣𝙙 𝙊𝙩𝙝𝙚𝙧𝙨, [(2021) 𝙎𝘾𝘾 𝙊𝙣𝙡𝙞𝙣𝙚 𝙎𝘾 1255] The judgment emphasized that such acceptance by the appellant-bank is without prejudice to the Bank’s rights, thereby ensuring clarity and protection for our client. This victory underscores our commitment to providing robust legal advocacy and strategic counsel in complex banking and finance matters. Congratulations to our team for their diligent efforts and to Canara Bank for this successful outcome. We look forward to continuing our tradition of excellence in serving our clients' needs effectively.

This #SupremeCourt Judgment discusses various provisions of CrPC and explains the concepts and precedents associated with it. In my opinion, every student of law must read this judgment once to get a clear picture about the criminal procedure !

"𝙎𝙥𝙚𝙚𝙙𝙮 𝙩𝙧𝙞𝙖𝙡" 𝙘𝙖𝙣𝙣𝙤𝙩 𝙗𝙚 𝙥𝙚𝙧𝙢𝙞𝙩𝙩𝙚𝙙 𝙩𝙤 𝙙𝙚𝙨𝙩𝙧𝙤𝙮 𝙩𝙝𝙚 "𝙛𝙖𝙞𝙧 𝙩𝙧𝙞𝙖𝙡" 𝙗𝙮 𝙞𝙩𝙨 𝙧𝙚𝙘𝙠𝙡𝙚𝙨𝙨𝙣𝙚𝙨𝙨.." #SupremeCourt in 𝐒𝐮𝐧𝐢𝐭𝐚 𝐃𝐞𝐯𝐢 𝐯𝐬 𝐒𝐭𝐚𝐭𝐞 𝐎𝐟 𝐁𝐢𝐡𝐚𝐫 𝟐𝟎𝟐𝟒 𝐈𝐍𝐒𝐂 𝟒𝟒𝟖

We are excited to share that Nikhil Singh, our Partner at Nivaaran Law LLP, was honored to participate as a panelist at the annual Advocates Meet hosted by Delhi Circle of Canara Bank The agenda focused on discussing recent legal developments, sparking positive and insightful conversations. Grateful for the opportunity to contribute to such an enriching dialogue! #LegalInsights #PanelDiscussion #NivaaranCommunity