Principles of : Finality
of judgment, Restitution and Compound interest, Unjust Enrichment.
The power to order such damages as part of restitution, cannot be disputed, otherwise, there can never be restitution. Unscrupulous litigants cannot derive
benefit of technicalities of law by agitating the matter time and again.
based on Indian
Council for Enviro-Legal Action vs. Union of India, 2011(8) SCC 161
Insolvency & Banking Code - Initiating Corporate Insolvency against Guarantors without involving the
SANDEEP SURI, and ROHIT SURI Advocates
with Whether the Corporate Insolvency Process can be initiated against a Corporate Guarantor without initiating process against the Principal Borrower who is neither a ‘Corporate Debtor’ nor
‘Corporate Person’. The NCLATs view on whether the Corporate Insolvency Resolution Process can be initiated against two ‘Corporate Guarantors’ simultaneously for the same set of debt and default
has also been addressed.
An anti-suit injunction is a judicial order restraining one party from prosecuting a case in another court outside its jurisdiction. The
principles governing grant of injunction are common to that of granting anti-suit injunction.
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