ATV Projects India Ltd Vs UoI

Whether since Repeal Act and IBC specifically provides for abatement of proceedings under SICA by virtue of amendment to Section 4(b) and provides for remedy of approaching the NCLT within a period of 180 days, such proceedings cannot be continued to be governed by the old enactment - YES: HC

Whether when right of the Petitioner to approach the appropriate forum had not been taken away, there cannot be any legitimate expectation and therefore, constitutional validity of Section 4(b) cannot be questioned - YES: HC

- Writ petition dismissed: DELHI HIGH COURT

Nakshathra Construction Vs Intergen Energy Ltd

Whether no question for appointment of Arbitrator arises if there is no Arbitration Agreement between petitioner and the respondent - YES : HC

Whether if Arbitration Agreement is between the respondent and Bollareddy and Bollareddy is not a party in this petition therefore, the petition is not maintainable - YES : HC

- Order passed in favour of Respondent: DELHI HIGH COURT

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