Anhad law

Insolvency & Bankruptcy Code (IBC) Updates


Paschimanchal Vidyut Vitran Nigam Ltd vs Raman Ispat Private Limited: Supreme Court (2023 SCC OnLine SC 842)

Background Facts: The Appellant, a statutory company distributing electricity, assailed an order of the National Company Law Appellate Tribunal (“NCLAT”) before the Supreme Court (the “SC”), as the NCLAT directed District Collector and Tehsildar to release the Corporate Debtor’s assets which had been attached in the course of recovery proceedings under electricity laws. The charge on the Corporate Debtor’s properties was created by the operation of a clause in an electricity supply agreement of 2010 between the Appellant and the Corporate Debtor. The clause enabled the Appellant to create a “charge on the assets of the company” pursuant to outstanding dues. Upon the Corporate Debtor’s default in payment of electricity dues, the Tehsildar attached the Corporate Debtor’s properties in furtherance of enforcement. Subsequently, in the proceedings before the National Company Law Tribunal (NCLT), Allahabad Bench, the Liquidator applied to NCLT to direct the Tehsildar to release the attached properties in favour of the Liquidator. NCLT directed the Tehsildar to release the attached properties in favour of the Liquidator in 2018. The Appellant filed an appeal from NCLT’s order which was dismissed in 2019, leading to a second appeal before the SC.

Issue: Whether the Appellant can enforce its security interest over the Corporate Debtor’s assets through the procedure prescribed under electricity laws, as opposed to opting for the stand-out procedure prescribed under Section 52 of the Insolvency & Bankruptcy Code (“Code”/”IBC”)?

Verdict: The Court affirmed the validity of the security interest created in favour of the Appellant and clarified that the dues payable to statutory corporations like the Appellant (and not to the Central Government or State Government) are to be classified as ‘financial debt’ or ‘operational debt’, depending upon the nature of the transaction entered upon with the Corporate Debtor. Hence, such dues do not fall under the ambit of dues owed to the Central Government or State Government under Section 53 (1) (e)(i) of the Code.

Rainbow Papers was distinguished on facts as the Corporate Debtor in that case was undergoing corporate insolvency resolution process (“CIRP”) as opposed to the Corporate Debtor in the present case which is undergoing liquidation. Further, the Court observed that Rainbow Papers did not consider the waterfall mechanism under Section 53 of the Code, consequently treating the state government as a “secured creditor”. The Court emphasised upon the inclusion of “government dues” in the scheme of Section 53 of the Code, highlighting the intention of the Parliament to treat dues owed to the government as distinct from dues owed to a secured creditor.

The SC further observed that Section 52 of the Code gives an option to a secured creditor to stand outside the liquidation proceedings if the secured creditor chooses not to relinquish its security in favour of the liquidation estate. The Code and allied regulations lay down a procedure and a timeline for a secured creditor to exercise this option and require such a secured creditor to make payment of insolvency and liquidation costs from the recoveries made pursuant to enforcement.



 Vineet Saraf v Rural Electrification Corporation Ltd.: Delhi High Court (2023 SCC OnLine Del 4291)

Background Facts: In 2009, FACOR Power Ltd. (“FPL” / “Principal Borrower”) had availed loan from Rural Electrification Corporation Ltd. (“Respondent”). Mr. Vineet Saraf (“Petitioner” / ”Personal Guarantor”) stood as a personal guarantor to the said loan and a Deed of Personal Guarantee was executed. The said loan was also secured by Ferro Alloys Corporation Ltd. (“FACOR” / “Corporate Guarantor”) as a corporate guarantor.

The Principal Borrower defaulted in repayment of loan. In 2017, the NCLT initiated CIRP against FACOR under the Code. In 2019, Sterlite Power Transmission Limited (“SPTL” / “Resolution Applicant”) submitted a resolution plan for FACOR which was approved by the Committee of Creditors (“CoC”) as well as the NCLT.

On December 9, 2022, the Respondent issued a Demand Notice under Rule 7(1) of the Insolvency and Bankruptcy (Application to Adjudicating Authority for Insolvency Resolution Process for Personal Guarantors to Corporate Debtors) Rules, 2019 (“Rules, 2019”), invoking the personal guarantee of Mr. Vineet Saraf (Petitioner).

A writ petition was filed before the High Court, seeking issuance of writ of prohibition to prevent the Respondent from approaching NCLT and to quash the Demand Notice dated December 9, 2022. It was argued that the Respondent has assigned the entire debts to FACOR, while excluding the personal guarantees under the terms of the Resolution Plan and the Assignment Agreement. Therefore, the Respondent can no longer invoke the guarantee furnished by the Petitioner. Further, the Demand Notice was indicative of the Respondent’s intention to approach NCLT under Section 95 of Code against the personal guarantor over a ‘non-existent’ debt.

The Respondent argued that the discharge or release of the principal debtor does not absolve the surety/guarantor of his liability. The Respondent is only seeking to recover the part of the debt that was left unrecovered after the CIRP of FACOR was concluded. Lastly, since the personal guarantees were specifically excluded from the Resolution Plan and the said Assignment Agreement, the terms of the Resolution Plan cannot be altered.

Issue: Whether such issuance of a Demand Notice is arbitrary or valid ?

Verdict: The Delhi High Court opined that the Respondent has merely issued a demand notice in order to comply with the statutory requirement of IBC, so that it can agitate before the NCLT that there is a debt owed by the Petitioner to the Respondent. Such act cannot be termed as arbitrary.



 Voluntary Liquidation Go Airlines: NCLT Delhi (Company Petition No. (IB)-264(PB)/2023)

Background Facts: M/s Go Airlines India Limited (“Go Airlines”) is engaged in aviation business and is the third largest airline operator in India.

Go Airlines filed a petition under Section 10 of Code, voluntarily seeking initiation of the CIRP against itself. On May 10, 2023, the NCLT admitted the petition and initiated CIRP against Go Airlines.

While imposing Moratorium under Section 14 of the Code, the NCLT had specifically stayed the recovery of any property by an owner or lessor, where such property is occupied by or in the possession of the Corporate Debtor.

SMBC Aviation Capital Limited, GY Aviation and SFV Aircraft Holdings (“Lessors”) had leased out aircrafts to Go Airlines. The Lessors contended that they had terminated the Lease Agreement of aircrafts prior to initiation of CIRP and imposition of moratorium. The assets belonging to third parties could not be covered under moratorium and must be reverted to the Lessors. Further, the aircraft engines are highly delicate and complex machines, therefore, require timely servicing and maintenance.

Accordingly, the Lessors filed an application under Section 60(5) of IBC before the NCLT seeking the following reliefs:

  1. To direct Go Airlines to refrain from operating or flying the Aircraft for commercial use;
  2. To permit to depute an agency or an inspector to conduct inspection of the Four Engines; and
  3. To direct the Resolution Professional of Go Airlines to protect and maintain the Subject Aircraft, and ensure that the Aircraft, engines, and other parts are duly protected from any unauthorized access, removal, replacement, operation or use by the personnel of Go Airlines and/or any other person.

Issue: Whether the prayers sought by the Petitioner can be granted in lieu of the provisions of IBC?

Verdict: Aircrafts leased by Lessor are Property as per S. 3(27) and subject to imposition of moratorium.

Section 14 of IBC states that post commencement of CIRP, the NCLT is empowered to declare moratorium. Further, Section 14(1)(d) of the IBC empowers the NCLT to prohibit recovery of any ‘property’ by an owner or lessor, where such property is occupied by or in the possession of the Corporate Debtor.

The Bench observed that Section 3(27) of IBC defines ‘Property’ as “money, goods, actionable claims, land and every description of property situated in India or outside India and every description of interest including present or future or vested or contingent interest arising out of, or incidental to, property”;

Based on these provisions, the Bench took the view that the aircrafts leased to Go Airlines by Lessors come within the definition of ‘Property’ and thus moratorium can be imposed over leased aircrafts.

The Bench also stated that “In the aviation industry, the prevailing practice is that most airlines lease the aircrafts for their operation rather than own them. In other words, the aircrafts are not as such the property of the airlines. Therefore, the application of the provision of the IBC and the process of insolvency would have no meaning in respect of airlines as Corporate Debtors if the sole essence of the Corporate Debtor’s business is taken away. It would result in corporate death of the Corporate Debtor, leaving no scope for resolution of the Corporate Debtor.”

Additionally, the Bench observed that the Directorate-General of Civil Aviation (“DGCA”) has not deregistered the aircrafts. Therefore, it is open for Go Airlines to resume flight operations. In order to maintain Go Airlines as a going concern, the Bench has permitted it to operate the aircrafts. However, the safety norms prescribed by the regulators must be adhered.

The Bench has rejected the prayers of the Lessors and has granted interim relief only to the extent of protection and maintenance of subject aircraft/engines by the Resolution Professional.



 Akashganga Processors Pvt. Ltd. v Shri Ravindra Kumar Goyal & Ors: NCLAT (2023 SCC OnLine NCLAT 330)

 Background Facts: The Corporate Debtor was admitted into CIRP. The State Tax (Government of Gujrat) and Central Excise (Government of India), being Operational Creditors of the Corporate Debtor, submitted their claims before the Resolution Professional. There were statutory dues of Gujarat Industrial Development Corporation and Surat Municipal Corporation in the capacity of Operational Creditors as well.

 A Resolution Plan was submitted by the Successful Resolution Applicant (“SRA”) for the Corporate Debtor, which was approved by the CoC with 99.84% voting share. The Resolution Plan proposed to pay INR 32,78,102/- (Thirty-Two Lakh Seventy-Eight Thousand One Hundred and Two only) to Gujarat Industrial Development Corporation and Surat Municipal Corporation, to keep the Corporate Debtor as a going concern. However, no sums were allocated for State Tax (Government of Gujrat) and Central Excise (Government of India)

The Resolution Professional filed an application under Section 30(6) before NCLT, seeking approval of the Resolution Plan. The NCLT refused to approve the plan on the premise that it violates Section 30(2)(e) and 30(2)(f) of IBC.

Issue: Can a resolution plan prioritise allocation of funds, for creditors who are in the same class?

Verdict: The Bench placed reliance on the Supreme Court judgment in Committee of Creditors of Essar Steel India Limited vs. Satish Kumar Gupta & Ors., (2020) 8 SCC 531, where it was held that there can be differential payment in payment of debts of Financial Creditors and Operational Creditors, however, there can be no difference in inter se payment within a class of creditors.

It was opined that the Resolution Applicant was at liberty to not allocate any amount to any of the Operational Creditor in view of Section 53 of IBC. “However, when the Successful Resolution Applicant was making payment to other two Operational Creditors, there cannot be any discrimination between payment of one class of Creditors”.

The Bench directed distribution of INR 32,78,102/- (Thirty-Two Lakh Seventy-Eight Thousand One Hundred and Two only) to all the four (4) Operational Creditors on a pro rata basis, in order to save the plan from being invalidated.

The Bench opined that in place of rejecting the Resolution Plan, the NCLT could have directed for compliance of IBC provisions by distributing the amount of INR 32,78,102/- (Thirty-Two Lakh Seventy-Eight Thousand One Hundred and Two only)amongst the remaining Operational Creditors. This would have ensured compliance without affecting the terms and conditions of the Plan.



 Rani Agro Private Limited Vs S & H Gears Private Limited: NCLT Mumbai (2020 SCC OnLine NCLT 11413)

Background Facts: The Employees Provident Fund and Miscellaneous Provisions Act, 1952 (“EPF Act”) was applicable on the Corporate Debtor. An inquiry was initiated under Section 7A of the EPF Act and Regional Provident Fund Commissioner found INR 3,10,68,057/- (Three Crores Ten Lakhs Sixty-Eight Thousand Fifty-Seven only) to be outstanding from the Corporate Debtor.

Alleging the Corporate Debtor to be a defaulter, the Regional Provident Fund Commissioner (“EPFO”) attached the current account of Corporate Debtor in HDFC bank on August 24, 2018 and created its lien on the said account.

Subsequently, on January 24, 2020 the Corporate Debtor was admitted into CIRP by the NCLT. EPFO also filed its claim in the CIRP, which was admitted by the Resolution Professional.

In a meeting of CoC dated December 14, 2020, permission was granted to the Resolution Professional to operate the current account in HDFC Bank for receipt and payment for the CIRP period.

In the meanwhile, a Resolution Plan was approved for the Corporate Debtor, and it proposed to pay the EPFO dues.

When the Resolution Professional became aware of the attachment of bank account by EPFO, it filed an application before NCLT seeking de-freezing of the account.

Issue: Whether an Attachment on Corporate Debtor’s bank account that was imposed before the initiation of CIRP, can continue during moratorium under Section 14 of IBC?

 Verdict: The Bench observed that moratorium under Section 14 of IBC is imposed post initiation of CIRP to ensure that no depletion of assets take place, and the Corporate Debtor continues as a going concern. It has been held that moratorium would cover attachment of bank account by EPFO. Any lien created prior to CIRP cannot sustain post initiation of CIRP to avoid hindering the resolution process.


Accordingly, this Bench is of the considered view that Section 14(1)(a) imposes complete embargo on any proceeding against the Corporate Debtor by any Authority till the completion of CIRP. Moratorium covers attachment of Bank accounts by any Authority including `EPFO’ and it is required to be lifted to grant Corporate Debtor a fair chance of revival and to ensure that Resolution Plans are received. It may also be inferred from the circumstances and intent of legislation that in the present cases, the lien created prior to the initiation of the ‘Corporate Insolvency Resolution Process cannot sustain as it will hinder the entire resolution process”.

The Bench accordingly set aside the lien created by EPFO on the Corporate Debtor’s account, and necessary authority has been extended to the Resolution Professional to deal with the said account.

Dhruv Gandhi, Partner and Deepam Rangwani, Associate


Disclaimer: The contents of the above publication are based on interpretation, analysis and understanding of applicable laws and updates in law, within the knowledge of authors. Readers should take steps to ascertain the current developments given the everyday changes that may be occurring in India on internationally on the subject covered hereinabove. This is not a legal opinion, analysis or interpretation. This is an initiative to share developments in the world of law or as may be relevant for a reader. No reader should act on the basis of any statement made above without seeking professional and up-to-date legal advice.

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Manishi Pathak



Anti-Bribery & Anti-Corruption | Dispute Resolution | Environmental, Social and Governance (ESG) | Employment & Labour | Corporate, Commercial and Regulatory | Government Relations | Mergers & Acquisitions

Manishi Pathak is the Founder and Managing Partner of ANHAD LAW.

Manishi has experience of over three decades. His areas of practice include dispute resolutions, labour and employment, corporate investigations, compliance audit and investigation into non-compliance of anti-bribery and anti-corruption laws, besides advisory and transactional supports on matters involving other corporate and commercial laws.

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Manishi is also known for his expertise in the area of mergers and acquisitions/ joint ventures, corporate restructuring and re-organizations besides his government relations work. 

He has been appreciated by clients for his hands-on approach and for providing solution-oriented sound legal advice which is commercially and practically tenable. He is also known for offering unique blend of analytical thinking and business strategy, while structuring, negotiating and closing complex commercial transactions and resolution of disputes including mediation and arbitration.

Manishi also has vast experience of delivering advisory support in areas of law, including but not limited to contentious commercial disputes, regulatory compliances (involving exchange control regulations in addition to other regulatory matters), compliance advisory under various corporate and commercial laws, rules etc. (under applicable Central and/or State). 

Manishi’s primary area of interest and specialization besides dispute resolution and government relations is Labour and Employment laws. He enjoys a distinguished status and standing in the sphere of Labour and Employment law practice. He is widely recognized as a ‘top ranked specialist’ in this area of practice owing to his deep knowledge and vast experience of dealing with range of matters in the domain of labour and employment laws practice including court litigation and appellate work. 

Manishi has retained most top accolades on offer by leading global legal ranking bodies such as Chambers & Partners, Legal 500 etc., in the field of Labour and Employment laws in India. For over last decade, Manishi and he been retained title of ‘Top Ranked’ ‘Leading Practitioner’, ‘Specialist’, owing to established expertise and in-depth knowledge he possesses in the sphere of Labour and Employment laws practice in India. 

Manishi is considered to be one of the first legal professionals who identified the scope, ambit and applicability of various central and state specific labour and employment legislations in India, while making foreign and Indian multinational corporations having business presence in India recognize the importance of compliance to various labour and employment laws related legislations in India. 

Undisputedly, in the context of Indian scenario, Manishi is regarded as the legal professional who played a pivotal role that lead to recognition and acceptance of ‘labour and employment’ laws as a prominent and established area of practice, amongst other practice areas. 

As the practice head, Manishi is actively involved in advising on a wide range of labour laws related queries, preparation and standardization of employment agreements and other agreements such as non-compete and non-solicitation agreement, non-disclosure and confidentiality agreements, HR policies/handbooks/manuals etc., including structuring of ESOPs, closure of businesses, termination/transfer of employees, other termination related issues, trade union related disputes, social security and/or insurance claims, etc. The Firm predominantly represents companies/corporations and their management on employment related projects and litigation.

Manishi also leads members of the firm on matters involving employment audits, whistle-blower investigations, closure of establishments, transfer of business and undertakings, sexual harassment complaints, employer and employee rights and matters involving trade unions. He is also known for his involvement in investigations and/or enquiries concerning employees including in matters of misconduct by employees and/or associated parties. 

Prior to founding Anhad Law, Manishi has been the Partner of other renowned law firms of India.

Manishi has considerable experience of representing clients belonging to manufacturing as well as services business, across varied sectors including but not limited to automobiles, aviation, banking, chemicals, commerce, electronics, FMCG, information technology, paper, packaging, pharmaceuticals, ports, real estate, retail and telecommunications, amongst others.

Chambers and Partners lists Manishi in Band 1 for Employment Law and he has been recognised as a leading employment law specialist in India since 2013. They have provided the following comments as well: Manishi Pathak commands ‘great respect in the employment market,’ clients valuing him especially as a ‘very experienced partner who brings a lot of insight to particularly complex employment issues.’ He offers significant expertise in the handling of the employment aspects of M&A transactions and in advising international clients on ensuring that their operations comply with Indian employment laws.  Chambers and Partners ranked Manishi as a New Delhi based recognized practitioner in the area of Corporate/M&A for the years 2014 and 2015. He has been ‘Top Ranked’ for 2022 by Chambers and Partners (Asia-Pacific).   Chambers Global ranked him as a New Delhi based recognized practitioner in the area of Corporate/M&A for the year 2014 and 2015.  Asia Law Profiles 2022 has ranked him as an “Elite Practitioner’ for Labour & Employment Law in India. He was also earlier listed by Asia Law Profiles in 2017, 2019 and 2020.  He has been listed in the Who’s Who Legal of Indian practitioners in the field of Labour & Employment law since 2009.  Legal 500 has further recognised him amongst India’s leading lawyers for the last several years including 2021. 

He has authored several publications on Indian Labour & Employment law for Kluwer Law and Law Business Research and he writes and speaks regularly on a range of subjects, including foreign investment in India and Labour and Employment law. 

Some of his prominent publications include “Restrictive Covenants” (India Chapter) by Kluwer Law Publication; “Hiring and retaining Talent” (India Chapter) by Kluwer Law Publication; “Getting The Deal Through (Labour & Employment)”, India Chapter by Law Business Research; Labour and Employment Compliance in India, 9 editions, published by Kluwer Law since 2008 including of 2021. 

He has also authored “India Chapter on Employment Law in the Employment Law Review” by Law Business Research since 2010 -15. Manishi also contributed to National Law School Publication (Business Law Review) “An overview of contract labour related laws in India”. He has also contributed to the World Bank Group‘s publication Employing Workers 2021. 

Manishi is a member and was an officer of the Employment and Industrial Relations Law Committee of the International Bar Association (IBA). He is also a member of the Delhi High Court Bar Association and Inter Pacific Bar Association (IPBA).

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  1. Anhad Law may add, alter, modify, change or vary all or any of these Terms and the Content and/or the services described on the Website at any time without any prior notice.
  2. The Website and the Content are the sole and exclusive property of Anhad Law and/or its licensors. You are provided with access to it only for your personal and non-commercial use. You may not, in any form or by any means: (i) adapt, reproduce, store, duplicate, copy, sell, resell, distribute, transmit, print, display, perform, publish or create derivative works from any part of this website; or (ii) commercialise any information, products or services obtained from any part of this website, without our written permission. You hereby acknowledge and agree that, as between Anhad Law and you, all right, title, and interest in and to the Website and the Content shall be owned exclusively by Anhad Law. Use of the Website or the Content in any way not expressly permitted by these Terms of Use is prohibited.
  3. So long as you agree and comply with the terms of these Terms of Use, and unless these Terms of Use is terminated by Anhad Law, Anhad Law invites a person to view and/or print a single copy of the Content or any part thereof. You agree that you will not remove or modify any acknowledgements, credits, disclaimers or legal notices contained on the Website or in the Content. Special terms may apply to some services offered on the Website and may be posted in connection with the applicable service, feature or activity. Any such terms are in addition to these Terms of Use and, in the event of a conflict, any such terms shall prevail.
  4. You agree not to access the Website by any means other than through a standard web browser on a computer or mobile device. You further agree that you will not damage, disable, alter, overburden, or impair the Website or interfere with any other party’s use and enjoyment of it.
  5. In the event you are accessing the Website on a shared computer/ mobile device, we would strongly recommend that you clear your recent browsing history, cookies and cache from your internet browser and re-access the Website so that you may review our disclaimer and accept the Terms of Use. Anhad Law disclaims all liability in the event of non-compliance on part of the user in this regard.
  6. The Content available on the Website is intended to be a general information resource and is provided solely on an “AS IS” and “AS AVAILABLE” basis. Information provided on the Website is believed to be reliable when posted, but there is no guarantee that it is accurate or complete or current at all times. The Website is a resource for informational purposes only and is intended, but not promised or guaranteed, to be correct, complete, and up-to-date. Anhad Law does not warrant that the information contained on this Website is accurate or complete, and hereby disclaims any and all liability to the User or any other person for any loss or damage caused by errors or omissions, regardless of whether such errors or omissions result from negligence, accident or any other cause. Further, Anhad Law assumes no liability for the interpretation and/or use of the information contained on this Website, nor does it offer a warranty of any kind, either expressly or impliedly. You are encouraged to confirm the information contained herein. You should not construe Anhad Law publication of the Content as a warranty or guarantee of the quality or availability of any services or the accuracy, completeness or reliability of the Content or any part thereof.
  7. The Website may contain links to websites operated by other parties. Anhad Law provides these links to other websites as a convenience, and use or access of these sites is at solely your own risk. The linked sites are not under the control of Anhad Law, and Anhad Law is not responsible for the content available on such sites. Such links do not imply Anhad Law’s endorsement of information or material on any other site and Anhad Law disclaims all liability with regard to your access to and use of such linked Websites and the consequences of such access or use. Anhad Law does not intend that the links from this Website to other internet websites, be considered referrals to, endorsements of, or affiliations with the linked entities. Anhad Law is not responsible for, and makes no representations or warranties (i) the contents of the websites to which links may be provided from this Website, or (ii) other such websites or links may be active or always available. You must review and agree to the terms and conditions of these sites before using these sites.
  8. Maps are published by Google and sourced under an open license. The boundaries and names shown and the designations used do not necessarily imply the expression of opinion on the part of Anhad Law or its personnel in respect of the legal status of any geographic region, frontier, or boundaries.
  9. You must not link to Anhad Law’s Website without a written agreement between you and Anhad Law authorizing you to do so.
  10. Unauthorized use of any Anhad Law trademark, service mark or logo are prohibited, and may be a violation of applicable trademark laws.
  11. The website and all content on the website are provided to you on an “AS IS” and “AS AVAILABLE” basis without making warranty of any kind either express or implied, representations, endorsements or conditions with respect to the Website or the information, including but not limited to any implied warranties as to usefulness, completeness, accuracy, correctness, reliability fitness for a particular purpose, and non-infringement. Anhad Law makes no warranty as to the accuracy, completeness or reliability of any Content available through the website. You are responsible for verifying any Content or information before relying on it. Use of the Website and the Content available on the Website is at your sole risk.
  12. Anhad Law makes no representations or warranties that the Website will be available or will meet the user(s) requirements, that access/use of the website will be uninterrupted, that there will be no delays, failures, errors or omissions or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted or that no damage will occur to user’s computer system. You have the sole responsibility for adequate protection and backup of data and/or equipment and to take reasonable and appropriate precautions to scan for computer viruses or other destructive properties.
  13. The User understands that the Website is used by him/her solely at his/her own risk, cost and liability. To the maximum extent permitted by applicable law, Anhad Law disclaims all liability, whether based in contract, tort (including negligence), strict liability or otherwise, and further disclaims the user or anyone else for any loss, damages or other amounts whatsoever (including but not limited to direct, indirect, incidental, special, consequential, exemplary or punitive damages) arising out of or in connection with user’s use of or inability to use the Website or the information contained therein/Content , or any action or decision made by user in reliance on the Website or the information contained therein, or any unauthorized use or reproduction of the Website or the information therein, even if Anhad Law has been advised of the possibility of such damages.
  14. You agree to indemnify, defend and hold Anhad Law, its subsidiaries, and affiliates, and their respective officers, agents, members, partners, associates, directors, consultants and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, due to or arising out of your use of the Website and/or breach of these Terms of Use.
  15. Copyright © 2021 Anhad Law, All rights reserved – The Website is protected by applicable copyright laws. Except for your use as authorized above, you may not modify, reproduce or distribute the content, design or layout of the Website, or individual sections of the content, design or layout of the Website, without Anhad Law’s express prior written permission.
  16. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the following information to us via our contact form:
  17. (i) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is claimed to be infringed; (ii) A description of the copyrighted work or other intellectual property that you claim has been infringed; (iii) A description of where the material that you claim is infringing is located on the Site (providing URL(s) in the body of the communication is the best way to help Anhad Law locate content quickly); (iv) Your name, address, telephone number and e-mail address; A signed statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (v) A statement by you, made under penalty of perjury, that the information provided in your Notice is accurate and that you are the copyright or intellectual property owner or licensee or authorized to act on the copyright or intellectual property owner’s or licensee’s behalf. You can write to us at:Email ID:
  18. Anhad Law may, in its sole discretion, disable and/or terminate use of or access to the Website by users who infringe the intellectual property of others or of Anhad Law. The user agrees that Anhad Law with or without any reason, may immediately terminate his/her access to the Website without prior notice. Without limiting the foregoing, Anhad Law may terminate or temporarily suspend his/her access to the Website if he/she (a) breaches or violates these Terms, (b) there is a request by law enforcement or other government agencies, or (c) in case of unexpected technical issues or problems.
  19. Users agree that all terminations of access to the Website shall be made at the sole discretion of Anhad Law, and that Anhad Law shall not be liable in any manner whatsoever to either him/ her or any third-party for any termination of access to this Website.
  20. By agreeing to these terms, you acknowledge that Anhad Law may collect, use and disclose your information as described in our Privacy Policy, also available on the Website.
  21. If any provision of these Terms of Use is held to be illegal, invalid or unenforceable, such provision shall be disregarded and the remaining provisions shall remain in full force.
  22. Anhad Law’s failure to act or delay in acting with respect to any failure by you or others to comply with these Terms of Use does not waive or limit its right to act with respect to that, subsequent or similar failures.
  23. Terms of Use set forth the entire understanding and agreement between you and Anhad Law with respect to the subject matter hereof.
  24. Any cause of action or claim you may have with respect to these Terms of Use or the Website must be commenced within six (6) months after the claim or cause of action arises or such claim or cause of action shall be barred.
  25. You may not assign or transfer your rights or obligations under these Terms of Use without the prior written consent of Anhad Law, and any purported assignment or transfer in violation of this provision shall be null and void.
  26. Anhad Law causes the control and maintenance of this Website from India. Anhad Law makes no representations that the information and material contained in this Website are appropriate or permitted for use in jurisdictions outside India.
  27. These Terms of Use are governed by the laws of India without giving effect to any principles of conflicts of laws.
  28. The usage of the Website by the user is subject to the exclusive jurisdiction of the courts located in Delhi without prejudice to the right of Anhad Law to take action in any jurisdiction whatsoever.
  29. Anhad Law reserves the right to investigate complaints or reported violations of these Terms and to take any action we deem necessary and appropriate. Such action may include but not be limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties. In addition, Anhad Law may take action to disclose any information necessary or appropriate to such persons or entities relating to user’s profiles, e-mail addresses, usage history, IP addresses and traffic information.
  30. Anhad Law reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use and/or the rules and regulations set forth on the Website, including without limitation the right to block access from a particular internet address.
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