[Disha Jain is an independent legal practitioner specialising in commercial law] The Supreme Court’s ruling in Noida Toll Bridge Company Ltd. v. Federation of Noida Residents Welfare Association has sent ripples across the infrastructure and investment sectors. It upholds the Allahabad High Court’s decision directing the Noida Toll Bridge Company Limited (NTBCL) to cease toll collection on the
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The Slippery Slope of Modification’s Slippery Slope: Justice, Autonomy, and the Gayatri Balasamy Ruling (Part- II)
[Shyamal Anand is a Principal Associate at Shardul Amarchand Mangaldas & Co and Pranjal Kushwaha is a 5th Year B.A. LL.B. (Hons.) Student at National Law Institute University, Bhopal] Having outlined the majority’s reasoning and its rationale in Part I, the discussion now turns to a critical but constructive examination of the broader implications of the Gayatri Balasamy ruling. While the
... Continue Reading.The Slippery Slope of Modification: Justice, Autonomy, and the Gayatri Balasamy Ruling (Part- I)
[Shyamal Anand is a Principal Associate at Shardul Amarchand Mangaldas & Co and Pranjal Kushwaha is a 5th Year B.A. LL.B. (Hons.) Student at National Law Institute University, Bhopal] India’s arbitration regime aspires to position itself as a leading global hub, promising efficiency, finality, and investor trust. Yet, the Supreme Court’s ruling in Gayatri Balasamy v. ISG Novasoft Technologies Ltd. intended
... Continue Reading.RBI on Regulated Entities in AIFs: From Blanket Prohibition to Calibrated Limits
[Aditi Kanoongo is a 5th year law student at NALSAR University of Law, Hyderabad] The Reserve Bank of India (‘RBI’) recently released draft directions on Regulated Entities (‘REs’) in Alternative Investment Funds (‘AIFs’). The proposed rules follow the earlier circulars issued in December 2023 and March 2024, marking a continued effort by the RBI to strengthen oversight over REs’ indirect exposures
... Continue Reading.Rejection of Resolution Plan: Review of Judgment?
[Aditya Vaid is a penultimate year law student at Jindal Global Law School] The recent landmark Supreme Court judgment in the case of Kalyani Transco v. Bhushan Power and Steel Limitedrepresents a significant milestone in India’s insolvency regime. On May 2, 2025, the Supreme Court set aside JSW Steel Ltd.’s (“JSW Steel”) resolution plan for Bhushan Power and Steel
... Continue Reading.Accelerating Fast Track Mergers: Ministry Proposes Wider Eligibility
[Esha Rathi is an associate at a law firm’s Mumbai office] Mergers are a common tool for corporate restructuring. However, securing approval from the National Company Law Tribunal (“NCLT”) can often be a lengthy and complex process. To streamline such transactions, section 233 of the Companies Act, 2013 introduces a fast track merger (“FTM”) route, allowing certain classes
... Continue Reading.Modifying Arbitral Awards: Is Balasamy a Cure Worse than the Disease?
[Pallav Mongia is a dual-qualified lawyer, and an empanelled arbitrator, practising before the Supreme Court and Delhi High Court and Prince Todi is an advocate practising before the Supreme Court and Bombay High Court] After a stream of divergent and contrasting judicial precedents on whether Indian courts are jurisdictionally empowered to modify arbitral awards, a five-judge Constitution Bench of
... Continue Reading.Rediscovering India’s Century-old Clarity on Stipulated Damages
[Amoga Krishnan. R is an Advocate] In Cavendish Square Holding BV v. Talal El Makdessi (2015), the United Kingdom Supreme Court eliminated the dichotomy between “genuine pre-estimates” and “penalties” in common law and, with that, recast the contours of the penalty rule. Until then, the reason for the dichotomy at common law between penalties and liquidated damages (“LD”)
... Continue Reading.Rewriting the Rules: Why India Must Embrace Unilateral Option Clauses in Arbitration
[Rishab Chand and Jitya Singh are 3rd year and 4th year students, respectively, at the National Law School of India University, Bangalore] The recent Bombay High Court decision in Tata Capital Ltd. v. Vijay Devji Aiya has reignited the debate on the validity of Unilateral Option Clauses (“UOCs”) in arbitration agreements. While the Court held that UOCs are incompatible with principles of
... Continue Reading.Ministerial, Not Managerial: SAT Limits Compliance Officer Liability in V. Shankar
[Aadya Narain is a B.A. LL.B. (Hons.) student at Jindal Global Law School] On 5 May 2025, the Securities Appellate Tribunal (“SAT”) in V. Shankar v SEBI addressed a critical and controversial question: can a compliance officer be held personally liable for fraudulent disclosures and statutory violations committed by the board of directors of a listed company? The
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