Shivanjali Malik

Pre-Litigation Mediation Mandatory for Counter-Claims in Commercial Disputes The Delhi High Court has recently ruled that pre-litigation mediation is mandatory before filing counter-claims in commercial disputes under the Commercial Courts Act. This decision emphasizes the importance of attempting mediation to resolve disputes amicably before resorting to litigation. Key Highlights: Mandatory Mediation: The court clarified that pre-institution mediation is required for all commercial disputes, including counter-claims, unless urgent interim relief is sought. Legislative Intent: Justice Manoj Jain highlighted that the objective of pre-institution mediation is to potentially avoid the need for litigation by resolving disputes early, thus not delaying the trial process. Case Example: The ruling came in the context of a dispute involving Aditya Birla Fashion and Retail Limited, which had complied with the mediation requirement before filing a suit for the recovery of a security deposit. This ruling underscores the judiciary’s commitment to promoting alternative dispute resolution mechanisms and reducing the burden on courts. Legal practitioners should ensure compliance with this mandate to avoid dismissal of suits under Order VII Rule 11 CPC. Stay informed and ensure your practices align with this significant development in commercial litigation. #LegalUpdate #CommercialDisputes #Mediation #DelhiHighCourt #AlternativeDisputeResolution #LegalProfessionals

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Clauses can look complete and still cause trouble. Look at this example: Payments Clause: 𝘛𝘩𝘦 𝘊𝘭𝘪𝘦𝘯𝘵 𝘢𝘨𝘳𝘦𝘦𝘴 𝘵𝘰 𝘱𝘢𝘺 𝘵𝘩𝘦 𝘚𝘦𝘳𝘷𝘪𝘤𝘦 𝘗𝘳𝘰𝘷𝘪𝘥𝘦𝘳 𝘧𝘰𝘳 𝘵𝘩𝘦 𝘴𝘦𝘳𝘷𝘪𝘤𝘦𝘴 𝘳𝘦𝘯𝘥𝘦𝘳𝘦𝘥. 𝘗𝘢𝘺𝘮𝘦𝘯𝘵 𝘴𝘩𝘢𝘭𝘭 𝘣𝘦 𝘮𝘢𝘥𝘦 𝘶𝘱𝘰𝘯 𝘵𝘩𝘦 𝘤𝘰𝘮𝘱𝘭𝘦𝘵𝘪𝘰𝘯 𝘰𝘧 𝘵𝘩𝘦 𝘱𝘳𝘰𝘫𝘦𝘤𝘵. 𝘈𝘥𝘥𝘪𝘵𝘪𝘰𝘯𝘢𝘭 𝘦𝘹𝘱𝘦𝘯𝘴𝘦𝘴 𝘮𝘢𝘺 𝘣𝘦 𝘣𝘪𝘭𝘭𝘦𝘥 𝘴𝘦𝘱𝘢𝘳𝘢𝘵𝘦𝘭𝘺. Does this clause look complete? Certainly not Here is what is missing in the clause: - The clause does not specify the exact amount to be paid for the services. - The clause lacks details on when payments are due, such as specific dates or milestones. - There is no mention of what specific services or deliverables the payment covers. - It does not outline how the Client will accept the services or deliverables, nor any review period. - The clause vaguely mentions "additional expenses" without specifying what they might include or how they will be approved and billed. - There is no information on the method of payment (e.g., bank transfer, credit card, PayPal). - The clause does not address what happens if the payment is late, such as late fees or work suspension. - There is no mention of how disputes related to payments or deliverables will be handled. - The clause vaguely states payment is due "upon the completion of the project" without defining what constitutes project completion. - There is no requirement for providing receipts or documentation for additional expenses billed separately. - It does not specify if and how the Client needs to approve the deliverables before payment is made. I have found similar kinds of mistakes while redlining 100+ contracts. The importance of a well-drafted clause can't be undermined. PS: Comment down the mistakes in the above payment clause.

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#Recruiters NOT #Magicians We majorly hire for Tier1 LawFirms who entertain candidates from Tier1 or Max Tier2 LawFirms. Many of you don't have solid or relevant work exp due to constant firm changes or practise area changes & believe that we are not able to line up interviews for you. Plz understand for each opening in the Tier1 LawFirm there are multiple applications & job mkt is a competitive world. Getting hired in Tier1 LawFirm takes time esp when you don't have solid work exp from reputed LawFirm to back your candidature. #Be #Considerate Many of you are in your 20"s & you don't want to work on weekends & expect us to be available 24/7 for you. Often pinging us at odd hours asking "any update". When we represent so many candidates how do you expect us to remember each candidate out of blue at 1 or 2 in the morn without access to our laptops. Please reach out to us Mon-Fri between 11am-6pm. #Rude #Behaviour We don't charge any fee from the candidates for applying on their behalf to Tier1 LawFirms that we are empanelled with. Despite being from smaller firms with less exp we try our best to push your candidature but many of you constantly hound us & often blame us for not responding instead working on your candidature & profile. This is a small industry and having a good recruiter on your side who has representation is multiple firms may come handy. #Not #An #Info #Center We share profiles specific to the team & practice area of which you have prior experience. If you are looking to get Partner Names from us we will only be able to discuss that once your profile has been shared with the firm. You can share your Partner Pref which can be communicated to the firm along with/post submission of your application. #Pendulum As informed earlier me & Kavita are sisters & colleagues working on the same mandates and with the same firms. Many of you communicate to both of us simultaneously wasting both our time and creating confusion. Please deal with only 1 of us and be transparent so that you are better represented. Help Us Help You👍

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The evolving legal landscape for social media entities The Competition Commission of India (CCI) has imposed a fine of ₹213.14 crore on Meta for unfair practices related to WhatsApp's 2021 privacy policy update. This policy, which mandated users to accept expanded data sharing with other Meta platforms, was deemed a violation of the Competition Act, 2002. The CCI found that the "take-it-or-leave-it" approach imposed unfair conditions on users, compelling them to consent to extensive data collection without an opt-out option. The ruling also includes directives for Meta to cease sharing user data with its other services for five years. This decision aligns with global regulatory trends, as Meta has faced scrutiny from various foreign regulators. For instance, the European Union has accused Meta of breaching its Digital Markets Act by forcing users to choose between seeing ads or paying for an ad-free experience. In India, the legal landscape surrounding privacy and competition is evolving. The Digital Personal Data Protection Act, 2023, emphasizes user consent and data protection, while the Competition Act aims to prevent practices that adversely affect market competition. The Supreme Court has recognized privacy as a fundamental right, reinforcing the need for compliance with both privacy and competition laws. This ruling not only highlights the importance of fair competition but also underscores the growing emphasis on user privacy in the digital age. Companies must navigate these regulations carefully to foster trust and compliance in their operations.

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🔍 Curious about how to navigate contract negotiation pitfalls? Negotiating contracts can be tricky, but for MSME owners, it's crucial to get it right. Strong contracts protect your business, ensure fair pricing, and promote growth. Here's how to avoid common pitfalls: 1. Don't Wait Until the Last Minute! ⏱️ Understand deadlines and renewal dates. Rushing negotiations weakens your bargaining position. 2. Knowledge is Power! Prepare thoroughly. Analyze key aspects like your BATNA (Best Alternative To a Negotiated Agreement) and reservation value. 3. Collaboration Over Competition! Build trust and rapport. This fosters a win-win environment where both sides can identify compromises and create value. 4. Don't Fall for Biases! Avoid overconfidence and hidden assumptions. Focus on underlying interests and potential trade-offs, not just what's on the surface. 5. Clarity is Key! Contracts should be clear, specific, and measurable. Define roles, responsibilities, and deliverables for all parties involved. 6. Communication is Key! ️ Ensure clear terms, expectations, and criteria. Communicate openly and regularly with the other party. Address any doubts promptly. How to Succeed? a. Maintain a central repository of contracts for easy reference. b. Focus on high-value variables that significantly impact your business. c. Collaborate, don't compete. A rising tide lifts all boats! d. Know when to walk away from a bad deal. e. Set ambitious (but achievable) goals and communicate them clearly. By avoiding these pitfalls and implementing best practices, you'll gain valuable experience, secure competitive pricing with growth incentives, and avoid unfavorable long-term contracts. Remember, a strong contract is an investment in your business's future! #MSME #ContractLaw #Negotiation #BusinessGrowth

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The Supreme Court has ruled that Rule 12 of Schedule 1 under Regulation 33 of the IBC (Liquidation Process) Regulations, 2016 is mandatory. Rule 12 requires the highest bidder to pay the balance sale consideration within 90 days, with a 12% interest penalty for payments beyond 30 days. If payment is not made, the auction is cancelled. In contrast, Rule 13, which governs the completion of the sale, is considered procedural. The court also extended the benefit of the COVID-19 limitation period to the auction purchaser, refusing to cancel the sale for delayed payment. The title of the case is V.S. Palanivel v. P. Sriram CS Liquidator etc. #ibc #insolvency #bankruptcy #regulations #liquidation

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Attorney Vs Lawyers vs Advocates In India, the terms "lawyer" and "attorney" are often used interchangeably to refer to a legal professional who has completed a law degree (LL.B.) and is qualified to provide legal advice. However, there's a slight distinction between an "advocate" and a "lawyer" in the Indian legal context: Lawyer: A general term for anyone who has graduated with a law degree. They might work in various roles, such as legal advisors in companies, legal researchers, or legal consultants. Advocate: A lawyer who has enrolled with a Bar Council (state or all India) and is qualified to represent clients in court. To become an advocate, a lawyer must clear the All India Bar Examination (AIBE). Advocates have the right to argue cases and represent clients before judges in courts. In summary: All advocates are lawyers, but not all lawyers are advocates. Lawyers can offer legal advice, draft legal documents, and perform other legal tasks. Only advocates can represent clients in court and argue cases before a judge. #legal #india #chennai

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🚀 Ready to Scale Your Startup? Here's How to Optimize Legal Agreements! . . . 🔑 Key legal issues impact your startup's growth. Are you prepared? 1. Formalize Your Business Structure 2. Manage Contracts Effectively 3. Secure Funding and Investment 4. Implement Non-Compete Clauses 5. Keep Legal Documents Up-to-Date 📈 Why It Matters: - A solid legal foundation supports scalability. - Mitigates risks and ensures regulatory compliance. - Attracts investors with clear, transparent agreements.

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𝐖𝐡𝐞𝐧 𝐢𝐭 𝐜𝐨𝐦𝐞𝐬 𝐭𝐨 𝐫𝐞𝐬𝐨𝐥𝐯𝐢𝐧𝐠 𝐝𝐢𝐬𝐩𝐮𝐭𝐞𝐬, 𝐦𝐞𝐝𝐢𝐚𝐭𝐢𝐨𝐧 𝐚𝐧𝐝 𝐚𝐫𝐛𝐢𝐭𝐫𝐚𝐭𝐢𝐨𝐧 𝐚𝐫𝐞 𝐭𝐰𝐨 𝐞𝐟𝐟𝐞𝐜𝐭𝐢𝐯𝐞 𝐚𝐥𝐭𝐞𝐫𝐧𝐚𝐭𝐢𝐯𝐞𝐬 𝐭𝐨 𝐭𝐫𝐚𝐝𝐢𝐭𝐢𝐨𝐧𝐚𝐥 𝐥𝐢𝐭𝐢𝐠𝐚𝐭𝐢𝐨𝐧. 𝐄𝐚𝐜𝐡 𝐡𝐚𝐬 𝐮𝐧𝐢𝐪𝐮𝐞 𝐛𝐞𝐧𝐞𝐟𝐢𝐭𝐬, 𝐛𝐮𝐭 𝐡𝐨𝐰 𝐝𝐨 𝐲𝐨𝐮 𝐝𝐞𝐜𝐢𝐝𝐞 𝐰𝐡𝐢𝐜𝐡 𝐨𝐧𝐞 𝐢𝐬 𝐫𝐢𝐠𝐡𝐭 𝐟𝐨𝐫 𝐲𝐨𝐮𝐫 𝐬𝐢𝐭𝐮𝐚𝐭𝐢𝐨𝐧? 💫 𝐌𝐞𝐝𝐢𝐚𝐭𝐢𝐨𝐧: 1. Collaborative Approach: A neutral mediator helps parties communicate and reach a mutually acceptable agreement. 2. Flexibility: The process is informal and can be tailored to the specific needs of the parties. 3. Relationship Preservation: Encourages open communication and cooperation, helping to maintain or improve relationships. 4. Confidentiality: Sessions are private, and the details are not part of the public record. 💫 𝐀𝐫𝐛𝐢𝐭𝐫𝐚𝐭𝐢𝐨𝐧: 1. Binding Decision: An arbitrator hears both sides and makes a decision that is usually binding. 2. Structure and Formality: Follows a more structured process compared to mediation but is less formal than court proceedings. 3. Expertise: Arbitrators often have specific expertise in the dispute’s subject matter. 4. Efficiency: Typically faster and more cost-effective than litigation, with a clear timeline for resolution. Choosing the right method depends on the nature of your dispute, your relationship with the other party, and your desired outcome. Mediation is ideal for those seeking a collaborative, win-win solution, while arbitration suits those needing a decisive, expert-led resolution. What’s your experience with mediation or arbitration? Share your thoughts in the comments! #DisputeResolution #Mediation #Arbitration #ConflictResolution #LegalAdvice #ProfessionalDevelopment

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The Overlooked Game-Changer: Understanding the Importance of Arbitration Clause in Contracts When signing contract, whether it's a ₹100 crore business deal, a small transaction, or even a simple lease, it's important to check for one key element: the arbitration clause. Surprisingly, most people often don't realise their contracts include an arbitration clause until a dispute arises. This oversight can be an unexpected surprise later on. An arbitration clause means you can't take the dispute to court at the first instance ; arbitration is your only option. While arbitration has its advantages, you need to at least understand what you're giving up. Additionally, the clause will specify the location of the arbitration, potentially adding travel costs if the arbitration is far from your base. Lastly, once an arbitral award is passed, your ability to challenge it in court is limited as per section 34 of the Arbitration and Conciliation Act, 1996. Always read your contracts thoroughly and be aware of these critical clauses to avoid unexpected complications down the road. #BusinessLaw #CorporateContracts #ArbitrationClause #LegalAdvice #ContractManagement #CorporateCompliance #LegalInsights #StartupLaw #BusinessAgreements #LegalTips #CorporateLawyer #StartupLawyer

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Trademark Infringement in India: Navigating the Commercial Court Landscape Key Highlights & Important Points to Remember: 1. Understanding Trademark Infringement: Trademark infringement occurs when an unauthorized party uses a trademark that is identical or confusingly similar to a registered trademark. A trademark owner can seek legal remedy through a lawsuit. #TrademarkInfringement #TrademarkLaw #IntellectualProperty #LegalProtection 2. Jurisdiction of Commercial Courts: Commercial Courts in India are empowered to handle trademark infringement cases under the Commercial Courts Act, 2015. These courts aim to expedite the resolution of commercial disputes, including IP violations. #CommercialCourts #IPLitigation #TrademarkDispute #IndiaLaw 3. Timely Legal Actions: Trademark owners must file the suit for infringement promptly, ideally within 3 years from the date of infringement. Delays may affect the enforcement of rights. #TimelyAction #LegalRights #TrademarkProtection #BusinessLaw 4. Interim Reliefs in Trademark Cases: Commercial courts can grant interim reliefs, such as injunctions, to prevent further use of the infringing trademark. This helps to minimize the damage during the pendency of the case. #InterimRelief #Injunctions #TrademarkInjunction #LegalRelief 5. Burden of Proof: Infringement cases require the trademark owner to prove that their trademark is well-known and is being misused. The burden of proof lies on the plaintiff. #BurdenOfProof #TrademarkEvidence #LegalProof #TrademarkLitigation 6. Compensation & Remedies: Courts can award damages or account for the profits made by the infringer. Remedies are available for both tangible and intangible losses. #Damages #LegalRemedies #TrademarkCompensation #IPRemedies For more information or legal assistance, contact us at: +91-9051112233 or visit Lexis and Company

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#incometax #law #litigation #costs The CCIT,truth be told ,in most cases is dependent upon the note put up by ACIT or ITO Judicial. None have any jurisprudential mindset. Also ,there is the background threat of departmental reaction if a supposedly anti revenue decision is taken.Vigilance is ever present threat. This leads to bypass of common sense for safety. Will the deptt now stand up for the officer at least regarding costs? I believe in the budget the approval aspect is now modified to JC/Addl..Rightly so. But the TRUE malady runs deeper.IRS is not a generalist service like IAS.It is very much a specialist service.Law and accounts are taught for 20 months at NADT Nagpur.Exams pass marks are v high and they are compulsory.One National Academy and several zonal RTIs are supposedly holding career round courses in updating and upskilling.There is a "mentorship" prog.for new entrants. Why this is happening then? Because there are grossly incompetent administrators who feel computer expertise is more important than law and management principles should run the show. More stories to tell,but not on public forum. I quit IRS in 2021. All these stories i read tell me i made the right decision. As a former officer though I feel great remorse.Believe you me ,in 90s and 2000s we had the max respect of judiciary and our translucent public image catered to an awed aura.Not so now. Glad I dont have to turn up anymore.

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If you think the in-house role is a BED OF roses!🌹 Tadaaang! 🚫 Checklist📋 - I had to make sure costs were in control 💰 - Roll out the legal budget for the year and monthly 📆💼 - Hiring talent in a fiscal year cost 🧑‍💼💸 - Reduce number of litigations ⚖️⬇️ - Bring in processes and mechanisms to train all in the organization 🏢📚 - IPR, Contract, and Litigation Management 📜⚖️ - Compliances ✅ - Advisory and Opinions per DEPT 📝 - Self-development 🌱 - Future action plan 🚀 Each word is itself a huge chunk! Be prepared to take it on 💪 PS: The Girl Gang that we were! Each here was heading a dept :) 👩‍💼💼👩‍💼 #inhousecounsel #legalrole #corporatelaw #lawyerslife #legalbudget #litigationmanagement #IPR #compliance #selfdevelopment #teamwork #girlgang #careerchallenges #legalchecklist #law #lawyers #legal #legalprofession #girls #womeinlaw #inhousecounsel #lawschool #lawstudents #legaleducation #careers #careercoach #careerdevelopment

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https://lnkd.in/gHb6xcWY This is a subject falling under the insolvency and bankruptcy code 2016, #IBC though this particular subject does not mean existence of any insolvency. Rather, it is about voluntarily liquidating a company whose assets are more than sufficient to meet the liabilities. #Liquidation However, traditionally, this particular mode of winding up the affairs of the company and liquidating the assets of the company, realising the proceeds on sale of assets as a going concern or otherwise, and settling all the stakeholders is predominantly used when there are no defaults in repayment of loans or instalments and the account status has not become non-performing asset. #NPA However, even in stress, if the value of assets is more than the value of liabilities, this provision could easily be invoked provided the business model is not going to remain relevant in the future and two-thirds of the creditors at least approve the proposal to liquidate the company, voluntarily.

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🎶 Curious about why copyrighting lyrics matters? Here's why: 1. Extra Benefits with Registration: 💼 Registering your copyright adds more perks:   - 📜 Creates a public record of ownership.   - 🔗 Establishes a clear ownership chain.   - ⚖️ Enables filing lawsuits for infringement. 2. Establishing Priority: 🕰️ Being the first to register copyright establishes you as the original author. Handy if someone pens similar lyrics later. 3. Crucial for Songwriters: 🎤 Songwriters, listen up! Copyrighting lyrics is crucial for you. Here's why:   - 🤝 Lyrics often have multiple owners, including songwriters, heirs, and publishing companies.   - 💰 License fees can soar, so protecting your rights is essential. 4. Control and Royalties: 🛡️ Copyright gives you control over your lyrics:   - 🎭 Decide how they're used and where they appear.   - 💸 Ensure you get royalties from merchandise, lyric sites, and performances. 📝 Copyrighting lyrics is the key to protecting your rights, establishing ownership, and securing those well-deserved royalties. Don't miss out!

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Today’s contract tip is about setoff provisions. A typical setoff provision in a commercial contract authorizes the customer to deduct from its payments any amount that the vendor owes it. You may be wondering, “How much can the customer deduct?” “From what kinds of payments?” and “What qualifies as being owed?” These provisions often don't address those details, leaving it for the parties to hash out later. When representing customers, I fight hard to get these provisions in my contracts. This authorization provides customers the ability to adjust payments to reflect losses suffered because of the vendor. Why should the customer pay $30 when the vendor owes it $10? The customer prefers to pay the net amount that it owes, which in this example is $20. When I represent vendors, I fight hard against setoff. I consider it one of the most dangerous provisions for a vendor in a contract for the same reasons that customers favor them. These provisions give the customers the contractual authority to make unfettered deductions at their discretion. Whether you have setoff in your contract depends heavily on the bargaining power of the parties. One important note on spelling. You'll see it written as set off, setoff, and set-off. Here's the scoop based on my extensive research (cough - ChatGPT prompt): - Setoff/Set-off (Noun): - In the US, "setoff" is common. In the UK, "set-off" is more common, but "setoff" is also used. Refers to the legal counterclaim or offset. - Set Off (Verb) - Used similarly in both the US and UK. Describes the action of offsetting or beginning a process. What's your approach to setoff provisions? #HowToContract #lawyers #contract

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Are you willing to forgo JUDICIOUSNESS for SYMBOLISM? Just Imagine!! You have a case pending in any Court. Now think, your lawyer has argued your case now it is time for the second hearing. Your next hearing may be in 3-4 months when all parties involved are well aware & acquainted with the law. But what do you think happens when the provisions & specifications of the law changes for people those who have been practicing the same law for over a decade & built a muscle memory. Lawyer’s are going to take extra time & effort before quoting any provision or even making arguments & stating definition. The judges are going to have to double check everything which is going to consume even more time resulting in pushing back the next date for hearing. Not only the Judiciary but the enforcement, execution & many other are going to fall prey to that. The total number of pending cases as of 2024 is over 4.5 Crores, including 1,37,453 of those pending for over 20 years. Now introduction of these New Laws which will be used regardless of it being a Civil or Criminal case is going to delay the entire “Procedure” of the courts which our judiciary is not equipped to handle and the ramifications are going to be borne by the “Population”. The Adverse Effects are going to foreshadow the Symbolic Gesture of repealing the Colonial Era Laws. The pressure from three Laws is going to push back Indian Judiciary for almost 4 decades by curbing the efficiency of the parties involved to argue & judge cases to their utmost potential by making them consume more time in making sure that their thoughts are in alignment with the new provisions. For the 1st time ever India is witnessing a copy-paste enactment of the Existing Laws which is the same as being Old Wine in a New bottle & all that does is dilute the value of the Wine & likewise all this will do is dilute & render our Judiciary system less efficient. Gone are the days where we make do with what we get. Now we get what we want. Instead of Symbolism we want Pragmatism & Judiciousness which resolves our pending cases in court. Objective: To apprise the govt. to pull down this law to avoid this colossal loss from these adverse effects as part of our duty towards its Govt. Alternate plan: If we fail in our duty to persuade the Govt. against it, we will invoke our duty towards the Court, to assist it to exercise its Judicial Review Power in Article 32 so that the parens patriae of Judiciary, Supreme court can exercise its power to declare it ultra vires from getting strangulated with the use of this law. There should be a tool which is going to make this time consuming process significantly easier & less time consuming either in the form of a BARE ACT or BOOK or anything else so that cushion the brunt of the impending implementation. Thus we look forward any suggestion & ideas from anyone & engage them to secure this noble objective. #indianjudiciary #IBC #livelaw #supremecourt #highcourt #PMLA #barandbench

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