Blog - The Courtroom

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July 15, 2024

2018 Sterlite Firing: Madras High Court Accuses Police of Acting on Behalf of Industrialist

Madras High Court Alleges Police Collusion in 2018 Sterlite Firing, Orders Probe into Officer Assets

The Madras High Court has accused the police of acting under the influence of a particular industrialist during the 2018 Sterlite copper plant firing in Thoothukudi, which resulted in the deaths of 13 unarmed protestors.

Court Questions Police Motives and Orders Investigation

A Bench of Justices SS Sundar and N Senthil Kumar expressed that the incident appeared to be a pre-determined act orchestrated by authorities on the orders of an industrialist. The Court raised concerns over whether officers involved in the firing received monetary gains and instructed the Tamil Nadu government to investigate.

Investigate Assets of Involved Officers

The Court directed the Directorate of Vigilance and Anti-Corruption (DVAC) to probe the assets of IPS and IAS officers posted in Thoothukudi at the time. The DVAC was instructed to examine assets not just in the officers’ names but also those of their spouses and close relatives, covering the period from two years before to two years after the incident.

Context of the Protest

The protest in 2018 was against the Sterlite copper plant, a Vedanta Limited unit, which was accused of causing environmental harm. The Sterlite plant was India’s largest copper smelter before its closure in 2018. Protestors were demanding the plant’s shutdown due to environmental concerns.

Reopening the Probe

The Court was hearing a petition filed by activist Henri Tiphagne, challenging the National Human Rights Commission’s (NHRC) decision to close its probe into the incident on October 25, 2018. Tiphagne’s 2021 petition sought the reopening of the investigation.

High Court’s Directive

Highlighting the need for transparency, the Court emphasized the importance of assessing the assets of respondent officers and suspected an agenda behind the police actions. It ordered the DVAC to submit a preliminary report within two weeks.

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Supreme Court Informed: New Bombay High Court Building to be Established in Bandra, Land Handover by September 10

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July 15, 2024

Supreme Court Informed: New Bombay High Court Building to be Established in Bandra, Land Handover by September 10

On Monday, the Supreme Court was updated that the new Bombay High Court building will be constructed in Bandra as originally planned

The State will transfer 4.39 acres of land in the Bandra-Kurla Complex (BKC) to the High Court by September 10 for this purpose [In Re: Heritage Building of the Bombay High Court and Allotment of Additional Lands for the High Court].

A bench comprising Chief Justice of India (CJI) DY Chandrachud and Justices BR Gavai and JB Pardiwala was also informed that the remaining 30.46 acres of land would be handed over to the High Court within a specified timeframe.

This decision follows a meeting held by the High Court with all stakeholders on July 9. The apex court’s order noted, “On July 8, there was an internal meeting headed by the Chief Justice of the High Court with the Judges Committee. On July 9, all stakeholders participated. We have been informed that by September 10, a contiguous area of 4.39 acres in BKC will be handed over to the High Court by the state government. The State has indicated a timeline to hand over the balance area measuring 30.46 acres to the High Court as well.”

The Supreme Court was addressing a suo motu case initiated from a letter petition by the President of the Bombay Bar Association, Nitin Thakker, and others. Initially, the High Court had suggested that the State consider constructing the new building in Goregaon instead of Bandra. In April, the Bombay High Court asked the Maharashtra government to explore land availability in Goregaon for the new complex and provide a rough sketch of accessibility from the proposed coastal road, despite significant progress toward shifting the new building to Bandra.

The Supreme Court then took up the suo motu case. In May, it directed the Maharashtra government to release the first tranche of land required for constructing the new High Court building and emphasized that the State need not wait until December 2024 to hand over the entire 9.64 acres of land earmarked for the project. During the May 7 hearing, the Court deemed Goregaon an inconvenient location for the new complex and ordered expedited action toward relocating the current complex to Bandra.

Following the Supreme Court’s directives, the High Court committee and the State held a meeting and proposed proceeding with the Bandra plan. The State has suggested eight architects who will have the opportunity to present their designs for the building, after which expressions of interest will be called for.

The Supreme Court’s order also noted that the Maharashtra Public Service Commission (MPSC) has vacated the premises leased from the Bank of India to the state. “The documents of MPSC will be removed by the end of July. The MPSC premises will be handed over immediately, and suitable repair work will be done to facilitate occupation by the High Court. A leave and license agreement has been executed between MTNL and the High Court,” the Court stated.

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RecTracker: Spice Route Legal Hires 19 Graduates from 15 Law Schools

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July 15, 2024

RecTracker: Spice Route Legal Hires 19 Graduates from 15 Law Schools

Compensation for New Recruits Set at ₹16.2 Lakh per Annum

Spice Route Legal has hired 19 fresh graduates from the 2024 batches of 15 law schools through Pre-Placement Offers, with a compensation package of ₹16.2 lakh per annum. The gender distribution of the new recruits includes 10 females and 9 males.

Diverse Representation from Various Law Schools

The majority of recruits, three, hail from Jindal Global Law School. Two graduates each were hired from the National University of Advanced Legal Studies, Kochi (NUALS), and the Narsee Monjee Institute of Management Studies, Mumbai (NMIMS).

Additionally, one graduate each was recruited from:

– West Bengal National University of Juridical Sciences (WBNUJS), Kolkata
– Narsee Monjee Institute of Management Studies (NMIMS), Bengaluru
– Amity Law School, Noida
– Hidayatullah National Law University, Raipur (HNLU)
– Chanakya National Law University, Patna (CNLU)
– Symbiosis Law School, Nagpur
– Tamil Nadu National Law University, Trichy (TNNLU)
– University of Petroleum and Energy Studies, Dehradun (UPES)
– Symbiosis Law School, Pune
– Pravin Gandhi College of Law, Mumbai
– Symbiosis Law School, Noida
– Government Law College, Mumbai

Practice Areas and Office Locations

The new hires will be joining Spice Route Legal’s Bengaluru and Mumbai offices. They will work in various practice areas, including Corporate, M&A, Private Equity, Financial Services Regulation (FSR) and Fintech, Privacy and Data Protection, Healthcare and Life Sciences, Energy, Intellectual Property, Technology, Media & Telecommunication (TMT), and Disputes.

Comparative Hiring Trends

This hiring trend follows similar recruitment drives by other law firms. This year, Khaitan hired 74 graduates, Trilegal hired 128 freshers, and Argus Partners recruited 21 graduates.

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Supreme Court Orders BMW to Pay ₹50 Lakh as Compensation for Defective Car

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July 15, 2024

Supreme Court Orders BMW to Pay ₹50 Lakh as Compensation for Defective Car

Supreme Court Orders BMW to Pay ₹50 Lakh Compensation for Selling Defective Car

The Supreme Court of India has directed BMW India Private Limited to pay ₹50 lakh in compensation to a customer for selling a defective car in 2009 [State of Andhra Pradesh v. BMW India Private Limited]. The bench, comprising Chief Justice of India DY Chandrachud and Justices JB Pardiwala and Manoj Misra, also quashed the criminal case against BMW, its Managing Director, and other officials.

Background of the Case

The complainant, GVR Infra Projects, purchased a BMW 7 series vehicle in September 2009. Despite repairs at an authorized workshop, a serious defect persisted in the car. This led to the registration of a First Information Report (FIR) against BMW under Sections 418 and 420 of the Indian Penal Code (IPC) for cheating. The FIR named the manufacturer, the Managing Director, and other directors of BMW as the accused.

In 2012, the Andhra Pradesh High Court quashed the proceedings against BMW but directed the company to provide a new car to the complainant as a replacement for the defective one. BMW offered to replace the defective car with a new one, but the complainant refused and demanded a refund along with interest.

Supreme Court’s Ruling

The Supreme Court reviewed the case and found the High Court’s direction to replace the defective car to be unjustified, especially after quashing the case against BMW. The Supreme Court emphasized that the High Court should have solely addressed the quashing of the complaint under Section 482 of the Code of Criminal Procedure 1973.

“The High Court came to the conclusion that the ingredients of the offence of cheating were not established based on the contents of the FIR. Having come to this conclusion, there was no justification for the High Court thereafter to direct the manufacturer to replace a brand new BMW 7 Series vehicle,” the Supreme Court stated.

The Supreme Court noted that continuing the prosecution nearly fifteen years after the dispute arose would not serve the interests of justice. Consequently, the Court upheld the High Court’s decision to quash the case against BMW but set aside the order to replace the defective car.

Compensation Ordered

To resolve the matter equitably, the Supreme Court invoked its powers under Article 142 of the Constitution and directed BMW to compensate the complainant with ₹50 lakh. The Court acknowledged that BMW had offered a new vehicle in 2012 in compliance with the High Court order, but the complainant did not accept it. Considering the depreciation in the vehicle’s value, the Court deemed the ₹50 lakh compensation as just and fair.

“We have taken note of the fact that, as far back as in June-July 2012, the manufacturer had offered to replace the old vehicle with a brand new vehicle in compliance with the order of the High Court. However, this was not acceded to by the complainant. Had the complainant used the vehicle, it would have depreciated in value until date. Bearing in mind the facts and circumstances of this case, we are of the considered view that the manufacturer, BMW India Private Limited, should be directed to pay a consolidated amount of ₹50 lakhs in full and final settlement of all claims in dispute,” the Court ordered.

Legal Representation

Advocates Rajiv Kumar Choudhry, Sowri Dev, and Tharini represented the appellants, while advocates Diwakar Maheshwari, Shreyas Edupuganti, Susmit Pushkar, Aarthi Rajan, and S Udaya Kumar Sagar appeared for BMW.

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Supreme Court Appoints Advocate Shraddha Deshmukh as Sole Arbitrator in International Dispute

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July 15, 2024

Supreme Court Appoints Advocate Shraddha Deshmukh as Sole Arbitrator in International Dispute

Departure from Practice of Appointing Retired Judges as Arbitrators

In a notable move, the Supreme Court of India recently appointed Advocate Shraddha Deshmukh as the sole arbitrator in an international commercial arbitration case [Acarer Metal Sanayi Ve Ticaret AS v Lalwani Ferro Alloys Ltd]. This appointment signifies a shift from the often-criticized practice of appointing retired judges as arbitrators in such disputes.

The decision was rendered by a bench comprising Chief Justice of India (CJI) DY Chandrachud, along with Justices JB Pardiwala and Manoj Misra. The bench’s order reflects a growing recognition of the need for diversity and fresh perspectives in the arbitration field, which has been traditionally dominated by retired judges.

Advocate Shraddha Deshmukh’s appointment is seen as a progressive step towards enhancing the arbitration landscape in India, encouraging the inclusion of experienced advocates in the role of arbitrators. This change aims to bring in more specialized expertise and contemporary understanding of complex commercial issues.

The appointment of a practicing advocate as an arbitrator aligns with international best practices and is expected to contribute positively to the arbitration process, offering a balanced and impartial resolution mechanism. This decision is likely to set a precedent for future appointments, promoting a broader pool of candidates for arbitration roles and ensuring that the arbitration process benefits from a wider array of professional experiences and knowledge.

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Delhi Court Grants Bail to Nitin Johri in Bhushan Steel Money Laundering Case

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July 15, 2024

Delhi Court Grants Bail to Nitin Johri in Bhushan Steel Money Laundering Case

A Delhi court recently granted bail to Nitin Johri, an accused in the money laundering case linked to the alleged ₹56,000 crore bank loan fraud by Bhushan Steel

Johri, the former Chief Financial Officer (CFO) of Bhushan Steel, was arrested by the Enforcement Directorate (ED) in January 2024. He was later diagnosed with cancer and underwent surgery.

In an order passed on July 12, Special Judge (PC Act) Jagdish Kumar of the Rouse Avenue Court acknowledged that Johri falls under the category of sick and infirm. The court noted that due to Johri’s health condition, he may require expedited treatment, but the dates given for his medical tests were taking months.

Johri argued that after the removal of his cancerous kidney, he was left with only one functional kidney and had developed chronic kidney disease, further impairing his health. He emphasized that he was merely a salaried employee of Bhushan Steel and did not receive any proceeds of crime.

The Enforcement Directorate opposed the bail plea, contending that a second opinion from AIIMS indicated that Johri could be treated in the jail hospital. Despite this, the court granted bail considering Johri’s serious health condition.

Senior Advocate Pramod Kumar Dubey represented Nitin Johri in the case.

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Saraf and Partners Advises Aseem Infrastructure Finance on establishment of a 12.98 MW/19.5 MWp Solar Project

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July 14, 2024

Saraf and Partners Advises Aseem Infrastructure Finance on establishment of a 12.98 MW/19.5 MWp Solar Project

Saraf and Partners provided legal counsel to Aseem Infrastructure Finance regarding the establishment of a 12.98 MW/19.5 MWp solar project planned for Nawagarh Tehsil, Durg District, Chhattisgarh, India

This involves a rupee term loan obtained by Balaton Solar Private Limited, a wholly owned subsidiary of IB VOGT (SINGAPORE) Pte. Ltd., based in Singapore

The Transaction involving diligence was led by Partner Designate, Satyadarshi Kunal while the transaction involving documentation was led by Partner, Abir Lal Dey.

Aseem Infrastructure Finance Limited (AIFL), an NBFC-IFC (Non-Banking Financial Company – Infrastructure Finance Company), was founded with the goal of catalyzing the expansion of infrastructure debt financing in India. Based in Mumbai, we obtained our RBI registration certificate in January 2020.

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HSA Advocates Advises KARAM in Acquisition of HSE Solutions South Africa Assets

HSA Advocates Advises KARAM in Acquisition of HSE Solutions South Africa Assets

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July 14, 2024

HSA Advocates Advises KARAM in Acquisition of HSE Solutions South Africa Assets

HSA Advocates acted as legal counsel in KARAM’s acquisition of specified assets from HSE Solutions South Africa, a division of the Sturrock and Robson Group, a leading player in South Africa’s safety equipment industry

The transaction involved comprehensive review, negotiation, and finalization of various documents, including the asset purchase agreement. This agreement covered the acquisition of specific assets such as stock and inventory, the transition of employees, transfer of intellectual property, proprietary information, and the rights to use HSE brand names. HSA Advocates also provided strategic advice on deal structuring options.

The team was led by Soumya De Mallik (Partner); with assistance from Prithviraj Chauhan (Principal Associate); and Meghana R (Associate).

KARAM is a prominent international brand in occupational safety, offering a broad range of more than 3500 certified products that comply with various national and international standards. Our safety solutions are exported to over 100 countries worldwide.

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Trilegal Advises JM Financial on Lloyds Metals and Energy’s INR 1,218 Crore QIP

Who Was Thomas Matthew Crooks? Details Emerge About Alleged Gunman in Donald Trump’s Assassination Attempt

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July 14, 2024