Prasad Sapte

ED summoning lawyers is a direct hit on the judicial delivery system: Former ASG Balbir Singh. In this interview, Singh speaks about the entry of foreign law firms into India, the future of arbitration reform and digital market regulation. Read the Interview: https://lnkd.in/d943Avsk #EnforcementDirectorate #Arbitration #CCI #Entryofforeignlawfirms #TheInterview #SeniorAdvocate

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Mumbai-based boutique corporate law firm Verist Law has doubled its partner count to four with the addition of Arka Banerjee and Nayan Jain as partners. Banerjee was formerly a partner at Shardul Amarchand Mangaldas for five years, and also had a one-year stint as partner at Anagram partners. With significant M&A expertise, he focuses on both public and private M&A transactions, including related governance advice. “Arka brings high-quality transactional and advisory experience across a wide range of M&A situations,” said Srishti Ojha, founding partner of Verist Law. “His addition will cement Verist Law's position as a boutique law firm with strong M&A.” Meanwhile, Jain was most recently a principal associate at Cyril Amarchand Mangaldas, where she focused on equity capital markets listings and related strategic advisory. Read more: https://lnkd.in/gi7JKMJ7

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Alipak Banerjee Exits Nishith Desai Associates To Launch Independent Disputes Practice Alipak Banerjee, ex-head of NDA’s disputes practice, launches Alipak Banerjee Law Chambers with a focus on cross-border disputes and arbitration. Recently, Vyapak Desai, FCIArb, also exited the firm, is set to leave the firm to establish his own independent law chambers. In his new role, he will focus on providing strategic legal advice and oral advocacy for complex cross-border litigations and arbitrations. Link to read full News : https://lnkd.in/gRhdev6w #alipakbanerjee #nishithdesaiassociates #internationallarbitration #disputeresolution #whitecollarcrime #lawfirmmoves #legalnewsindia

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𝐃𝐞𝐥𝐡𝐢 𝐇𝐢𝐠𝐡 𝐂𝐨𝐮𝐫𝐭 𝐀𝐥𝐥𝐨𝐰𝐬 𝐎𝐘𝐎’𝐬 𝐎𝐛𝐣𝐞𝐜𝐭𝐢𝐨𝐧𝐬 𝐭𝐨 𝐄𝐱𝐭𝐞𝐧𝐬𝐢𝐨𝐧 𝐨𝐟 𝐀𝐫𝐛𝐢𝐭𝐫𝐚𝐥 𝐓𝐫𝐢𝐛𝐮𝐧𝐚𝐥’𝐬 𝐌𝐚𝐧𝐝𝐚𝐭𝐞 𝐢𝐧 𝐎.𝐌.𝐏.(𝐌𝐈𝐒𝐂.) (𝐂𝐎𝐌𝐌). 𝟐𝟏𝟓/𝟐𝟎𝟐𝟓 𝐓𝐢𝐭𝐥𝐞𝐝 𝐑𝐚𝐣𝐞𝐬𝐡 𝐆𝐮𝐩𝐭𝐚 𝐯. 𝐎𝐘𝐎 𝐇𝐨𝐭𝐞𝐥𝐬 𝐚𝐧𝐝 𝐇𝐨𝐦𝐞𝐬 𝐏𝐯𝐭. 𝐋𝐭𝐝. The Delhi High Court has dismissed a petition filed under Section 29A(5) of the Arbitration and Conciliation Act, 1996, seeking a six-month extension of the mandate of the Arbitral Tribunal in the dispute between Rajesh Gupta and M/s OYO Hotels and Homes Pvt. Ltd. The Tribunal entered reference on March 14, 2022, and in December 2024 the proceedings were at the stage of final hearing when the mandate lapsed. Despite repeated reminders from both the Tribunal and the respondent, the petitioner delayed filing the extension petition, first circulating a draft petition to the Respondent in October 2024 but ultimately moving the High Court only in February 2025 for extension of mandate. Justice Jasmeet Singh emphasized that Section 29A is intended to ensure time-bound arbitration, as held by the Supreme Court in Rohan Builders (India) Pvt. Ltd. v. Berger Paints India Ltd. (2024 SCC OnLine SC 2494). Observing that the petitioner failed to explain the delay and had shown negligence in pursuing the matter, the Court declined to grant an extension and dismissed the plea along with pending applications. The Respondent (OYO) was represented by DMD Advocates, led by Chaitanya Kaushik, Avinash Singh, Seema Mehta, Saurabh Pal, and Vidhi Uppal. #DelhiHighCourt #Arbitration #Section29A #ArbitrationAndConciliationAct #OYO #DisputeResolution #TimeBoundArbitration #LegalUpdates #DMDAdvocates

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The latest Supreme Court judgment in Kamal Gupta & Anr. vs. M/s L.R. Builders Pvt. Ltd. & Anr. has reaffirmed the very foundation of arbitration, which belongs only to those who choose it. The Court clarified that non-signatories cannot force their way into arbitral proceedings, as doing so would breach the principles of confidentiality and party autonomy enshrined in the Arbitration and Conciliation Act, 1996.   Equally important is the Court’s reiteration that judicial intervention must remain minimal. Once an arbitrator is appointed under Section 11(6) of the Act, the Court becomes functus officio and cannot issue further directions. This ensures that arbitration retains its efficiency, finality, and independence as a self-contained process.   By setting aside the order that had allowed non-signatories to attend the proceedings, the judgment strengthens the credibility of arbitration in India. Read this insightful article written by our Principal Associate, Sabah Iqbal Siddiqui: https://lnkd.in/gaWUWFEu   #Arbitration #DisputeResolution #SupremeCourtOfIndia #Confidentiality #PartyAutonomy

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Function v. Flair: Miniso’s mimicry meets judicial blockade The Bombay High Court has delivered a significant judgement in the case of Travel Blue Products India Private Ltd. & Anr. v. Miniso Life Style Pvt. Ltd. & Anr., wherein the Hon'ble Court has clarified that the requirement for #design protection under the #Design Act, 2000 by upholding the registration despite challenges on functionality and prior art. In this write-up, Renu Bala Rampal, Associate Partner and Shivam Malvi, Patent Associate at S.S. Rana & Co., deliberate the key aspects of the ruling, including the Court’s emphasis on the “only option” functionality test, the rejection of prior art claims for lack of proof of publication in India, the finding of obvious imitation in the neck pillow designs, the establishment of #passing-off through #goodwill and consumer confusion and the grant of interim #injunction. This pronouncement highlights the significance of aesthetic appeal thorough pleading of defense and focusing on robust #IPenforcement against dishonest imitation in #designlaw.     Click here to read the article https://lnkd.in/gF5Wk7rA #ssrana #BombayHighCourt #Priorart #Design #DesignPiracy #Injunction #TradeVariants #Imitation #Registration #Eyetoeyetest #FunctionalityTest; #Utilitytest #Passingoff #Registration #consumerconfusion.

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