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Arbitrator Has No Power To Lift Corporate Veil

Holding that an arbitral tribunal does not have the power to lift the corporate veil, the Delhi High Court, in Sudhir Gopi vs IGNOU, has also observed that mere failure of a corporate entity to meet its contractual obligations is no ground for piercing the  corporate veil. In the instant case, a sum of $664,070, along with pre award and future interest at the rate of 12% per annum, was awarded by the arbitral tribunal in favour of IGNOU against Sudhir Gopi and UEIT jointly and severally. This award was assailed before the high court contending that UEIT is a limited liability company and although Sudhir Gopi is the principal shareholder as well as the chairman and managing director of UEIT, he is not personally liable for the contractual liability of UEIT. With regard to the question of jurisdiction, Justice Vibhu Bhakru agreed with the contention that the arbitral tribunal, being a creature of limited jurisdiction, has no power to extend the scope of the arbitral proceedings...

BG cannot be invoked for outstanding of a different company

Bank Guarantee; Adhunik Power and Natural Resources Limited Vs. Central Coalfields Limited [Jharkhand High Court, 11-04-2017]  Case Law Bank Guarantee Manohar Lal Sharma v. Principal Secretary vide judgment dated 24.9.2014,reported in 2014(9) SCC 614 M/s Gangotri Enterprises Ltd. v. Union of India & others reported in 2016 SCC Online SC 415 Hindustan Construction Co. Ltd. v. State of Bihar & others reported in 1999(8) SCC 436 M/s Adani Agri Fresh Ltd. v. Mahaboob Sharif & others reported in 2015 SSC Online 1302 Oil and Natural Gas Corporation Ltd. v. M/s Jindal Drilling and Industries Limited reported in 2015-(ARI)-GJX-0034-BOM. Balwant Rai Saluja and another v. Air India Limited and others reported in 2014(9) SCC 407 Indowind Energy Limited v. Wescare India Limited and another reported in 2010(5) SCC 306 Vinitec Electronics Private Ltd. v. HCL Infosystems Ltd. reported in 2008 (1) SCC 544 National Highways Authority of India Vrs. Ganga Enterprises and anothe...