KAY & Partners — Insights
Commentary on recent judgments and regulatory developments across our practice areas. Analysis is factual and educational. Nothing here constitutes legal advice.
The Broken Clock
The Arbitral Mandate Had Expired. Rohan Builders Asked for an Extension Anyway. The Supreme Court Said Yes.
There is a particular variety of legal catastrophe that feels procedural in origin but lands with substantive force: the kind where a dispute that has survived years of hearings, documentary disclosure, and witness exami…
Read analysis →The Creditor's Arbitration
Two Banks Lent Against the Same Sack of Rice. The Supreme Court Said Only One Forum Can Settle Who Gets It.
In 2003, Bank of India extended credit to a rice mill secured against stocks of rice and paddy held in a godown. The documentation was prepared, the security was registered, and the arrangement proceeded in the conventio…
Read analysis →The Streaming Claim
Three Seconds of Footage, Ten Crore Rupees, and a Jurisdictional Fight That Netflix Lost Before the Trial Could Begin
The footage was brief — approximately three seconds of behind-the-scenes material from the Tamil film Naanum Rowdy Dhaan. Brevity, as any copyright lawyer will confirm, is not a defence to infringement. It is, at most, a…
Read analysis →The Non-Compete Write-Off
An Acquirer Paid Its Target's Promoter Not to Compete. The Supreme Court Said That Was a Running Cost, Not a Capital Investment.
When one company acquires another, the consideration is rarely a single figure. It is disaggregated: so much for the shares, so much for the goodwill, so much — and here is the provision that generates the most sustained…
Read analysis →The Rewrite Power
Courts Could Set Aside Arbitral Awards. A Constitution Bench Just Decided They Can Also Fix Them.
The appeal from an arbitral award has always involved a structural awkwardness that practitioners have learned to live with but never quite solved. The Arbitration and Conciliation Act, 1996 gives courts two options when…
Read analysis →The Merger Queue
A Creditor Committee Voted on a Merger Before the Competition Regulator Could. The Supreme Court Said That Order of Events Matters.
Hindustan National Glass and Industries Limited had once been the dominant name in India's container-glass industry. By the time the insolvency proceedings concluded, it had shed that status along with most else. The res…
Read analysis →The FRAND Equation
Lava Refused to Negotiate. An Indian Court Set the Price Anyway — Rs.244 Crore Worth.
Every smartphone sold in India relies on a small set of technologies that nobody owns outright in the ordinary sense. The AMR speech codec that makes voice calls intelligible across a congested spectrum. The EDGE protoco…
Read analysis →The Restitution Right
You Won Your GST Appeal. Why Are You Still Waiting for Your Money?
Anyone who has been through GST litigation knows this much: before you can even argue your case, you have to put money on the table. The law requires a pre-deposit — part of the disputed tax — to ensure that only serious…
Read analysis →The Real Estate Rescue
One Project Defaults. That Does Not Mean the Entire Developer Goes Into Insolvency. NCLAT Is Clear.
A real estate developer with multiple active projects faces an insolvency petition from homebuyers in one stalled development. The NCLT admits it. Suddenly, every other project — with its own buyers, its own lenders, its…
Read analysis →Page 1 of 3 — 20 articles
The analyses published here are prepared by the editorial team of KAY & Partners and are intended solely as general commentary on judicial and regulatory developments. They do not constitute legal advice and should not be relied upon as such. Bar Council of India Rules prohibit advocates from soliciting work or advertising in a manner that implies specialisation or past success. Nothing on this page constitutes a testimonial, endorsement, or guarantee of outcome.