Ad-Interim to Interim Stage- Delhi High Court takes a U-Turn and vacates stay against BG invocation

published by LiveLaw on 04 June 2020 [https://www.livelaw.in/columns/ad-interim-to-interim-stage-delhi-hc-takes-a-u-turn-to-vacate-stay-against-bg-invocation-157817]   By Rohan Batra & Dhruv Sethi   On May 29, Delhi High Court vacated its earlier stay order on BG encashment and held that COVID – 19, a force majeure event, does not excuse contractor’s non-performance of a contract “for which the deadlines were much before…

Are Lay offs and salary cuts the only way forward?

Published by www.inc43.com on 20 April 2020 [https://inc42.com/resources/is-lay-offs-and-salary-cuts-the-only-way-forward/] -By Rohan Batra Rapidly spreading pandemic, Covid-19, has brought the country to its knees. The announcement of the Lockdown 1.0 on March 24, 2020, brought all, except for essential services, to a grinding halt. With startups to large business houses left to fend for their sustenance, an…

Delhi High Court shuts its door for unpaying tenant while leaving the equity gateway ajar.

published by LiveLaw on 25 May 2020 [https://www.livelaw.in/columns/lockdown-suspension-of-rent-delhi-hc-shuts-its-door-for-unpaying-tenant-while-leaving-the-equity-gateway-ajar-157293] -By Rohan Batra & Dhruv Sethi On May 21, Delhi High Court pronounced a crucial verdict[1] on a seminal and pressing issue- Can tenants claim waiver/suspension of rent owing to the COVID-19 lockdown crisis? Prime real estate at meagre tent Housed in one of Asia’s most premium…

LOCKDOWN 2.0: Employers’ Moral Dilemma

published by www.yourstory.com on 17 April 2020 [https://yourstory.com/2020/04/moral-dilemma-employers-facing-covid-19-lockdown] -By Rohan Batra & Dhruv Sethi Not just life but equally livelihood hangs in balance as India enters Lockdown 2.0. Last 21 days of lockdown had spelt financial woes for new entrants to established business players, who struggled with the moral dilemma- Save the business or Save…

Tame the Chinese Dragon with Speed & Clarity

published by www.yourstory.com on 17 April 2020, [https://yourstory.com/2020/04/moral-dilemma-employers-facing-covid-19-lockdown] –By Rohan Batra & Dhruv Sethi   Indian unicorns and start-ups dependent on future funding from Chinese investors should not be starved, if GoI has decided to tame the Chinese Dragon. Press Note 3 of 2020 released by Department for Promotion of Industry and Internal Trade (DPIIT)…

Delhi High Court Ruling gives quietus and holds Amended Section 29A of Arbitration Act as retrospective from 23 October 2015

Infusing clarity on the applicability of the amended Section 29A of the Arbitration and Conciliation Act, 1996, (“the Act”), the Single Judge of the Delhi High Court (“Court”) in the case of ONGC PETRO ADDITIONS LIMITED vs. FERNS CONSTRUCTION CO. INC, pronounced on 21 July 2020, has found that the amendments to Section 29A (1)…

Arbitrator Treating Increase In Diesel Price By Govt. Circular As “Change In Law” Is Not A Possible Construction- SC Sets Aside Award

Arbitrator Treating Increase In Diesel Price By Govt. Circular As “Change In Law” Is Not A Possible Construction- SC Sets Aside Award*   Award set aside as arbitrator’s interpretation of treating increase in High Speed Diesel (HSD) price through govt. circular as “change in law” not possible SEAMEC LTD vs. OIL INDIA LTD., CA NO.…