NCLAT Delhi holds that Non-Reply to Demand Notice under Section 8 does not preclude the Corporate Debtor to bring relevant materials establish that there are pre-existing disputes

By Saurabh Gandhi

Case:

M/s. Brand Realty Services Ltd. Versus M/s. Sir John Bakeries India Pvt. Ltd.

Court/Tribunal:

National Company Law Appellate Tribunal (NCLAT), New Delhi

Coram:

Justice Ashok Bhushan, Chairperson

Dr. Alok Srivastava, Member (Technical)



Counsel:

For Appellant: Mr. Pankaj Agarwal, Advocate.

For Respondent: Mr. Nishant Awana, Mr. Devansh Malhotra, Advocates

Date of order:

Contract’s Midnight Clauses: Governing law; Applicable jurisdiction and Arbitration Clause.

A commercial contract is a legal relationship, in its acrimonious standoff, the first legal hurdles to be met are Governing law; Applicable Jurisdiction; and Arbitration Clause as structured to apply to the contract. In its negotiations phase, these clauses largely are renegade to the last option and thus as referred to as midnight clause, these are glossed over in the finalization of the agreement and unless a full thought is given, if parties are from different geographies it results in litigation lawyers’ paradise.

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