Advocate Titasha Banerjee
Advocate Titasha enrolled with the Bar Council of West Bengal in 2009. She is a member of the Delhi Bar Association.
Practice Areas
Arbitration
Women
High Court
Courts
- Delhi High Court
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Questions Answered by Advocate Titasha Banerjee (25+ answers)
Q: Arbitration by demerged company without arbitration agreement
Please help me on the issue whether a demerged company can invoke arbitration or not if it has not signed the arbitration agreement as the agreement was signed by the parent company
Advocate Titasha Banerjee answered
Dear Sir/Maam;It is pertinent to mention that , when the company is demerged we generally need to see the issueunder which the company got demerged. Generally companies get demerged due to following issuesA sub-division in the form of bifurcation or trifurcation, as the case may be, can be affected by adopting the following modes:By way of a scheme of Arrangement under sections 391-394 of the Companies act, 195By transfer of business divisions of the company as ongoing business under section 395 of the Companies Act, 1956.The Scope needs to be determined ,wherein even if there is no arbitration agreement , if the dispute /claim/subject matter relates to arbitrable issue ,the same can be allowed under sec 8 of the Arbitration Act read with sec 21 of the same Act .
Frequently Asked Questions about Advocate Titasha Banerjee
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During your initial consultation with Advocate Titasha Banerjee, you can expect to discuss the specific legal issue you are facing and the details of your situation. Lawyer will ask you questions to get a better understanding of your case and will provide you with information about your legal options and any potential outcomes.
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