Anand Sharma & Associates (ASA)

Recently, The Supreme Court has granted bail to Delhi Chief Minister Arvind Kejriwal in connection with the Central Bureau of Investigation (CBI) FIR registered in the Delhi liquor policy case. Our Partner, Shimpy Arman Sharma shares her comments with The Economic Times in an article titled, "Legal Experts clarify: Bail conditions do not hinder Arvind Kejriwal's role as Delhi CM." Read more at : https://lnkd.in/gJQiWqgB #knowledgesharing #opinion #disputeresolution #supremecourt #fir #cbi #lawfirm

𝗞𝗲𝘆 𝗣𝗼𝗶𝗻𝘁𝘀 𝗳𝗿𝗼𝗺 𝘁𝗵𝗲 𝗔𝗱𝗶𝘁𝘆𝗮 𝗕𝗶𝗿𝗹𝗮 𝗙𝗮𝘀𝗵𝗶𝗼𝗻 𝗮𝗻𝗱 𝗥𝗲𝘁𝗮𝗶𝗹 𝗟𝘁𝗱. 𝘃. 𝗠𝗿𝘀. 𝗦𝗮𝗿𝗼𝗷 𝗧𝗮𝗻𝗱𝗼𝗻 𝗖𝗮𝘀𝗲 𝗜𝘀𝘀𝘂𝗲 𝗕𝗲𝗳𝗼𝗿𝗲 𝘁𝗵𝗲 𝗛𝗶𝗴𝗵 𝗖𝗼𝘂𝗿𝘁: The main issue in the case was whether pre-institution mediation under Section 12-A of the Commercial Courts Act is mandatory for counter-claims in a commercial dispute. The Hon’ble Delhi High Court observed the following: 𝟭. 𝗖𝗼𝘂𝗻𝘁𝗲𝗿𝗰𝗹𝗮𝗶𝗺 𝗮𝘀 𝗜𝗻𝗱𝗲𝗽𝗲𝗻𝗱𝗲𝗻𝘁 𝗦𝘂𝗶𝘁: A counterclaim is treated as an independent suit under Order VIII, Rule 6A of the CPC. This means that it must follow the same procedural rules as the original suit. In the context of the Commercial Courts Act, this includes the requirement for pre-institution mediation. 𝟮. 𝗣𝗿𝗲-𝗜𝗻𝘀𝘁𝗶𝘁𝘂𝘁𝗶𝗼𝗻 𝗠𝗲𝗱𝗶𝗮𝘁𝗶𝗼𝗻: Section 12-A of the Commercial Courts Act, 2015, mandates that before filing a commercial suit, parties must attempt to resolve their dispute through mediation. This requirement applies to all commercial disputes, including counterclaims. 𝟯. 𝗠𝗮𝗻𝗱𝗮𝘁𝗼𝗿𝘆 𝗡𝗮𝘁𝘂𝗿𝗲 𝗼𝗳 𝗠𝗲𝗱𝗶𝗮𝘁𝗶𝗼𝗻: The requirement for pre-institution mediation under Section 12-A is not optional. Both original suits and counterclaims must comply with this mandate. This means that parties cannot bypass mediation and directly approach the court. 𝟰. 𝗣𝗿𝗼𝘀𝗽𝗲𝗰𝘁𝗶𝘃𝗲 𝗔𝗽𝗽𝗹𝗶𝗰𝗮𝘁𝗶𝗼𝗻 𝗼𝗳 𝗣𝗮𝘁𝗶𝗹 𝗔𝘂𝘁𝗼𝗺𝗮𝘁𝗶𝗼𝗻 𝗥𝘂𝗹𝗶𝗻𝗴: The Supreme Court’s ruling in the case of Patil Automation Pvt. Ltd. v. Rakheja Engineers Pvt. Ltd. made the pre-institution mediation requirement under Section 12-A mandatory from August 20, 2022. This means that any counterclaims filed before this date may be exempt from the mediation requirement. 𝟱. 𝗙𝗮𝗶𝗹𝘂𝗿𝗲 𝘁𝗼 𝗖𝗼𝗺𝗽𝗹𝘆 𝘄𝗶𝘁𝗵 𝗠𝗲𝗱𝗶𝗮𝘁𝗶𝗼𝗻: If parties fail to comply with the pre-institution mediation requirement, their suit or counterclaim can be rejected under Order VII, Rule 11 of the CPC. 𝟲. 𝗜𝗺𝗽𝗼𝗿𝘁𝗮𝗻𝗰𝗲 𝗼𝗳 𝗠𝗲𝗱𝗶𝗮𝘁𝗶𝗼𝗻: Pre-institution mediation is intended to promote the resolution of disputes outside the formal court system. By encouraging parties to settle their differences through mediation, the process helps reduce the burden on the courts and speeds up the resolution of disputes. Mediation can lead to mutually agreeable solutions and preserve business relationships, which might be strained by prolonged litigation. Arman Roop Sharma Shimpy Arman Sharma #knowledgesharing #delhihighcourt #disputeresolution #mediation #caseupdate #lawfirm

The Hon’ble Supreme Court in the present Judgment has established the principle that Bail is a rule and Jail is an exception will be applicable in PMLA cases and Section 45 of the PMLA is not a bar to that principle. The personal liberty of a person should be protected as a rule. #pmla #whitecollarcrime #criminal

On September 2, the government established 23rd Law Commission of India for a three-year term. Our Partner, Shimpy Arman Sharma shares her comments with The Economic Times in an article titled, "Govt. constitutes 23rd Law Commission; lawyers expect reforms." Read more at : https://lnkd.in/g22BwdUF #knowledgesharing #opinion #policy #lawcommission #lawfirm

Recently, the Supreme Court has raised the questions about the legality of the demolition of houses allegedly belonging to people accused of some crime. Our Partner, Shimpy Arman Sharma shares her comments with The Economic Times in an article titled, "Supreme Court's demolition guidelines to be a step towards clear and uniform process, say experts." Read more at : https://lnkd.in/dFy4yv94 #knowledgesharing #opinion #disputeresolution #supremecourt #lawfirm

Recently, the Supreme Court has held the applicable of the general principle of law that 'bail is rule and jail is exception' even to money laundering cases under the Prevention of Money Laundering Act (PMLA). Our Partner, Arman Roop Sharma shares his comments with The Economic Times in an article titled, "Bail is the rule and jail is exception to PMLA; twin condition subject to Article 21, say experts. Read more at : https://lnkd.in/dsqwg3zX #knowledgesharing #opinion #disputeresolution #supremecourt #pmla #lawfirm

Recently, the Department of Economic Affairs (DEA) has amended Foreign Exchange Management (Non-debt Instruments) Rules, 2019. Our Partner, Vishawnathan Iyer shares his comments with The Economic Times in an article titled, "Foreign exchange rules amendments to facilitate the global expansion of Indian companies." Read more at : https://lnkd.in/gT6GXyBb #knowledgesharing #opinion #corporate #fdi #foreignexchange #lawfirm

#independenceday #happyindependenceday #lawfirm #India #lawyers

Finance Minister Nirmala Sitharaman on Friday tabled the Banking Laws (Amendment) Bill, 2024, in the Lok Sabha, which was twisted to make some crucial changes to key banking laws. Our Partner, Arman Roop Sharma shares his comments with The Economic Times in an article titled, "The newly tweaked Banking Laws (Amendment Bill) 2024 is the step in the right direction." Read more at : https://lnkd.in/gtwWbdiE #knowledgesharing #opinion #banking #finance #lawfirm

Last week, the Supreme Court granted bail to former Delhi Deputy Chief Minister Manish Sisodia in connection with the Delhi Excise Policy case. Our Partner, Arman Roop Sharma shares his comments with The Economic Times in an article titled, "Constitutional mandate is the higher law; speedy trial a right, say legal experts." Read more at : https://lnkd.in/gUafRtbC #knowledgesharing #opinion #disputeresolution #supremecourtofindia #constitution #lawfirm