2020-TIOLCORP-26-SC-MISC
Avitel Post Studioz Ltd Vs HSBC Pi Holdings Mauritius Ltd
Whether impersonation, false representations made, and diversion of funds are all inter parties, having no "public flavour" so as to attract the "fraud exception" - YES : SC
Whether there are two tests to determine "serious allegations of fraud" exemption to arbitrability of disputes - YES : SC
Whether in present case there is no such fraud as would vitiate the arbitration clause in the SSA entered into between disputing parties - YES : SC
Whether HSBC has a strong prima facie case necessitating that USD 60 million, be kept apart in bank account as indicated by Bombay High Court - YES : SC
- Appeal dismissed: SUPREME COURT OF INDIA
2020-TIOLCORP-118-HC-DEL-MISC
ICICI Bank UK Plc Vs Anshu Jain
Whether if the resolution plan is approved, and all amounts due to the plaintiff are paid and nothing survives for adjudication in suit, the possession of property is to be handed over to defendent - YES : HC
- Case disposed of: DELHI HIGH COURT |