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An entry made in a balance sheet of a corporate debtor would amount to an acknowledgement of liability under Section 18 of the Limitation Act

Copy of the judgment

The Nagpur Bench of the Bombay High Court while deciding a Civil Application in Suo Motu PIL has directed Labs conducting RTPCR tests to send the results on whatsapp followed by a hard copy.

The Bench has further directed that reports of positive patients should be uploaded on ICMR website within 24 hours and the test reports of negative patients should be uploaded within 7 days. Para 4 of the orders is reproduced below:

“4. Hence, we direct that after making the reports available to the patients on Whatsapp as also hard copy of it, the reports of the patients, who test positive shall be uploaded on the ICMR portal within 24 hours and the reports of the patients who test negative should be uploaded on the ICMR portal within 7 days and if these directions are not complied with by the laboratories, the authorities will be free to take appropriate action against the concerned laboratories, as deemed fit by the concerned authority. This arrangement shall continue until further orders.”

Copy of the order

The Principal Secretary Disaster Management, Relief & Rehabilitaion Dept has issued a FAQ statement on the orders dated 13th April 2021 issued by the Maharashtra Government.

In landmark ruling, interpreting the scope of Section 31 if the I&BC, the Supreme Court of India held as follows:

“(i) That once a resolution plan is duly approved by the Adjudicating Authority under sub-section (1) of Section 31, the claims as provided in the resolution plan shall stand frozen and will be binding on the Corporate Debtor and its employees, members, creditors, including the Central Government, any State Government or any local authority, guarantors and otherstakeholders. On the date of approval of resolution plan by the Adjudicating Authority, all such claims, which are not a part of resolution plan, shall stand extinguished and no person will be entitled to initiate or continue any proceedings in respect to a claim, which is not part of the resolution plan;

(ii) 2019 amendment to Section 31 of the I&B Code is clarificatory and declaratory in nature and therefore will be effective from the date on which I&B Code has come into effect;

(iii) Consequently all the dues including thestatutory dues owed to the Central Government, any State Government or any local authority, if not part of the resolution plan, shall stand extinguished and no proceedings in respect of such dues for the period prior to the date on which the Adjudicating Authority grants its approval under Section 31 could be continued.”

Copy of the judgement

While deprecating blanket interim orders passed by High Courts under Section 482 of the CrPC and Article 226 of the Constitution of India, the Supreme Court held that blanket interim orders of not to arrest or “no coercive steps” cannot be passed mechanically and in a routine manner.

The Supreme Court further held that

“xviii) Whenever an interim order is passed by the High Court of “no coercive steps to be adopted” within the aforesaid parameters, the High Court must clarify what does it mean by “no coercive steps to be adopted” as the term “no coercive steps to be adopted” can be said to be too vague and/or broad which can be misunderstood and/or misapplied.”

Copy of the judgement

Government of Maharashtra has issued a circular on Frequently asked Questions concerning Orders issued by the State Government for imposing of restrictions to prevent the transmission of COVID

The Supreme Court held that as the object of compassionate appointment is for providing immediate succour to the family of a deceased employee, the Respondent’s son is not entitled for compassionate appointment after the passage of a long period of time since his father has gone missing.

Copy of the judgement

Key Points :

The said order will come into force from 8 PM on Monday, 5th April 2021and will remain in force till 11.59 PM on 30th April, 2021
Imposition of Section 144 and Night Curfew
a) Section 144 to be imposed in the State.
b) From 7 AM to 8 PM on Monday to Friday, no more than 5 people to move together or gather in any public place.
c)Rest of the period (i.e. From 8 PM to 7 AM on weekdays and from 8 PM Friday to 7 AM Monday) no one to move in public place without valid reasons or by permission contained herein below.
d) Medical and other essential services are exempted and their movements or operations are to be unrestricted.
e) Essential Services to include the following –
a. Hospitals, diagnostic centers, Clinics, Medical insurance offices, Pharmacies, Pharmaceutical companies, other medical and health services.
b. Groceries, Vegetables Shops, dairies, bakeries, confectionaries, food shops.
c. Publice Transport – Trains, Taxis, Autos and public buses.
d. Services related to functioning of oftices of Diplomats of various countries
e. Pre Monsoon Activities by local authorities
f. All Public Services by local authorities.
g. Transport of Goods
h. Agriculture related services
i. E-Commerce
j. Accredited Media
k. Services designated as essential services by local disaster management authority

Offices:
All Private offtices to remain closed except for the following:
a. Cooperative, PSU and Private Banks
b. BSE/ NSE
c. Electric Supply related Companies
d. Telecom Service Providers
e. Insurance/ Mediclaim Companies
f. Pharmaceutical company offices needed for management of production distribution
g. Local disaster management authorities may add exceptions if needed

A corporate person, extending guarantee for a principal borrower not being a corporate person, would still be covered within the meaning of expression “corporate debtor” in Section 3(8) of the IB Code.

Text of the judgement