Business
Kalanithi Maran vs SpiceJet: Delhi HC refuses to stay single-judge order upholding arbitral award against airline
New Delhi, Aug 24 (IANS) The Delhi High Court on Thursday rejected interim relief to low-cost airline SpiceJet and its Chairman and Managing Director (CMD) Ajay Singh, who challenged a single-judge order upholding, in favour of Sun Group Chairman Kalanithi Maran and Kal Airways, an arbitral award passed by the tribunal comprising three retired Supreme Court judges.
A division bench of Justices Yashwant Varma and Dharmesh Sharma said that it cannot stay the order dated July 31 in view of the Supreme Court’s direction of February 13 this year.
The court, however, issued notice to Maran and Kal Airways.
On July 31, Justice Chandra Dhari Singh had pronounced the verdict in a section 34 petition filed by the parties in connection with the above-mentioned arbitral award dated July 20, 2018, wherein the decree holders — Kal Airways and Kalanithi Maran — were awarded a refund of Rs 308 crore towards the warrants, as well as a refund of Rs 270 crore towards Cumulative Redeemable Preference Shares (CRPS).
Additionally, they were also awarded an interest of 12 per cent towards pendente lite and an interest of 18 per cent from the last due date, in case the payments directed to be made by SpiceJet and its Chairman and Managing Director (CMD) Ajay Singh are not completed within two months from the date of the award.
Before the single judge, SpiceJet and Singh had challenged the arbitral award by filing a Section 34 petition, seeking to set aside the refund of Rs 270 crore granted to Kal Airways and Maran.
During the hearing on Thursday, appearing for the airline and CMD, Senior Advocate Amit Sibal submitted that the Section 34 court has failed to consider the challenge of SpiceJet for the payment of Rs 270 crore towards CRPS and have charged an exorbitant amount of 18 per cent towards interest.
He further requested the bench to consider the stay application praying for the stay on the execution proceedings.
The bench, however, clarified that they will not go into execution of the award as the same has been directed by the Supreme Court in terms of the order dated February 13 and July 7 and it will only look into the arguments against Section 34 order.
Consequently, the court dismissed the application for stay of execution proceedings, and listed the matter for hearing next on October 31.
The airline and CMD had requested the waiver of 12 per cent interest towards warrants and the setting aside of the 18 per cent interest granted under the award for both warrants and CRPS.
“The Delhi High Court today admitted the appeal of SpiceJet and Ajay Singh and issued notice to Kalanithi Maran and Kal Airways. The court also stated that they would grant an expedited hearing in the matter. We are hopeful for an expeditious resolution of the appeal. We are committed to presenting our matter diligently and respectfully, seeking a just and fair resolution,” SpiceJet spokesperson said.
On the other hand, Kal Airways and Maran also had filed a Section 34 petition, seeking the setting aside of the award to the extent no interest was granted in the amount of Rs 270 crore. They also claimed damages for non-issuance of warrants and CRPS.
The single judge had dismissed the Section 34 petitions filed by the parties. After careful consideration and hearing all arguments, the judge found no valid reason to interfere with the arbitral award.
On July 24, the high court issued notice to SpiceJet Ltd and Singh in Kal Airways and Maran’s application seeking an urgent hearing of its enforcement petition in a case where the former is to pay approximately Rs 390 crore to it towards its interest liability under the arbitral award.
Allowing the application, a bench of Justice Yogesh Khanna had directed SpiceJet and its CMD to file an affidavit disclosing all their assets before the next date of hearing, September 5, and also mandated the physical presence of Singh before it.
The Supreme Court had, on February 13, directed SpiceJet to pay Rs 75 crore to decree holder (Kal Airways and Maran) within a period of three months towards its interest liability under the arbitral award, and had also clarified that in the event of failure to pay, the entire award would become executable in entirety in favour of decree holder.
Following the top court’s order dated February 13, the high court had on May 29, directed SpiceJet and Ajay Singh to pay the entire executable amount under the award to the decree holder.
On behalf of the Kal Airways Pvt. Ltd. and Kalanithi Maran, Senior Advocate Maninder Singh instructed by Senior Partner Nandini Gore, Principal Associate Sonia Nigam and Associate advocates Yash Dubey and Akarsh Sharma appeared from Karanjawala & Co.
Senior Advocate Amit Sibal appeared on behalf of Spicejet Ltd. and Mr. Ajay Singh.
Business
Sensex plunges to 2-months low by 930.55 points
Benchmark Sensex plunged by 930.55 points while broader Nifty dropped below the 24,500 level to settle at more than two-month lows on Tuesday due to an intense sell-off across sectors and massive foreign fund exodus from the capital markets.
Extending losses to the second day, the BSE Sensex plummeted 930.55 points or 1.15 per cent to settle at 80,220.72, the lowest closing level since August 14. During the day, it tanked 1,001.74 points or 1.23 per cent to 80,149.53. The NSE Nifty tumbled 309 points or 1.25 per cent to 24,472.10 as 47 of its constituents closed lower and three advanced. The index hit a low of 24,445.80 during the day. A weak earnings growth trend and sluggish global markets hit investor sentiment, analysts said, adding that rising US bond yields and policy actions by China are triggering FII outflows.
From the 30 Sensex pack, Mahindra & Mahindra, State Bank of India, Power Grid, Tata Steel, IndusInd Bank, Tata Motors, Larsen & Toubro, NTPC, Bajaj Finance and Reliance were among the biggest laggards. In contrast, ICICI Bank, Nestle and Infosys were the gainers from the pack.
Business
FPIs sold equities worth Rs 25,000 cr in Jan
New Delhi, Feb 3 (IANS) An important feature of the FPI flows in January this year was the divergent trends in equity and debt flows. While equity saw net selling of Rs 25,734 crore, debt saw net buying of Rs 19,836 crore. These figures are inclusive of cash market and primary market and others, says V.K. Vijayakumar, Chief Investment Strategist, Geojit Financial Services.
There are three reasons for this trend. One, the US bond yields rose to around 4.16 per cent in January from around 3.88 per cent in December 2023. This prompted outflows from equity to high yielding US bonds, he said.
Two, Indian equity became the most expensive in the world (Nifty trading at PE of around 21 based on FY24 estimated earnings). This triggered equity selling in India.
Third, some FPIs are doing the front running in the Indian bond market anticipating flows into the Indian bond market after the inclusion of India in the JP Morgan Emerging Market Bond Fund, he added.
Going forward, FPI inflows into the equity market will depend on the trends in the US bond yields and the equity market trends globally as well as in India. Since the US bond yields have again corrected sharply, FPIs are unlikely to sell in large volume in February. They may even turn buyers. The inflows into the debt market are likely to continue, he added.
Business
USISPF welcomes Joe Ucuzoglu, Raj Shah, Alex Rogers & Prashant Ruia into Board of Directors
Washington, Feb 3 (IANS) The US-India Strategic Partnership Forum (USISPF) is thrilled to welcome to its Board of Directors Mr Joe Ucuzoglu, Deloitte Global CEO; Mr Raj Shah, Co-CEO, MSI Surfaces; Mr Alex Rogers, President, Global Affairs and Qualcomm Technology Licensing for Qualcomm Incorporated; and Mr Prashant Ruia, Director, Essar Capital.
Ucuzoglu, who succeeded Mr Punit Renjen as Deloitte Global CEO in January 2023, also replaces Mr Renjen on USISPF’s Board.
As the Global CEO of the largest professional services organisation in the world, Ucuzoglu remains actively engaged with many of Deloitte’s clients as well as a range of external stakeholders, working to ensure that Deloitte is consistently leveraging the full breadth of its services to deliver impactful results for clients and communities.
Prashant Ruia is a second-generation entrepreneur of the Ruia family that founded Essar. He has been an integral part of Essar’s operations and management since 1985, playing a key role in driving the growth, diversification, and value creation, both within India and internationally.
Under his leadership, Essar is transitioning its existing assets towards a greener economy and investing in sector-transforming sustainable businesses.
Rajesh (Raj) Shah, along with his brother Mr Rupesh Shah, is President and Co-CEO at MS International, a leading importer and distributor of countertops, flooring, wall tile, and landscaping products in North America. The company was launched in 1975 by Raj’s parents, Manu and Rika Shah, founders of MSI, and first-generation immigrants to the United States.
Alex Rogers has been in numerous leadership roles since joining Qualcomm in 2001. Currently, he is a member of the Company’s executive committee and is responsible for government and public affairs, export compliance, corporate responsibility and leads Qualcomm’s patent licensing business.
Speaking on the recent appointments to the USISPF Board, USISPF President and CEO Dr Mukesh Aghi said: “The additions of Joe, Alex, Prashant and Raj accentuate the growing synergy in US-India ties across fields of critical and emerging technology, especially in semiconductors to deepening trade relations and collaborating in new domains in hydrogen and biofuels to build a clean energy economy.
“The year 2023 was a monumental year, with the success of Prime Minister Narendra Modi’s state visit to the US and President Joe Biden’s visit to India for a successful G20 Summit.
“With our ever-expanding Board and new captains of industry and distinguished leaders from the private sector, USISPF is better positioned than ever to build on the commercial and geostrategic aspects of the partnership in 2024.”
Commenting on his addition to the USISPF Board, Ucuzoglu said: “I am thrilled to join the Board of USISPF, an organisation that is key to strengthening the partnership between the U.S. and India and providing an important platform for stakeholders to come together to create meaningful opportunities for business, government and society overall.”
Rogers spoke about the importance of US-India technology ties, saying, “The US and India are uniquely positioned to use connectivity, processing, and artificial intelligence to advance the public good and stimulate economic growth.
“Qualcomm technologies and employees have been an integral part of India’s digital revolution over the past 25 years. We are proud to be part of the solution as digitization transforms the lives of people everywhere, whether it is how they work, connect, socialise, or interact with the environment.”
USISPF Chairman John Chambers congratulated the new appointees and said: “After all the groundbreaking accomplishments 2023 brought for the US-India partnership, I’m excited for the new year with the addition of these well-accomplished leaders to the USISPF Board.
“Alex, Prashant, Raj, and Joe will add even more breadth to USISPF’s roster of private sector experts, underscoring the passion from Fortune 250 companies to increase relations and business pursuits between the U.S. and India. These exciting appointments – along with others we’ve announced this year – position us for even greater success in the years to come.”
Commenting on his appointment to the Board of Directors, Ruia thanked USISPF Chairman John Chambers and USISPF President and CEO Mukesh Aghi and said: “I am thrilled to step onto the prestigious platform of the US-India Strategic Partnership Forum (USISPF) as a member of its Board of Directors. This appointment resonates with the mutual commitment to advancing stronger economic ties between the United States and India.
“I look forward to leveraging my experience to enhance collaboration, drive innovation, and further strengthen the strategic partnership between these two great nations, especially in fostering sustainability and ESG. We find ourselves in a momentous period for the diplomatic ties between the United States and India, and I am pleased to contribute to this significant endeavor.”
Raj Shah spoke about what the US-India relationship personally means to his family’s success story, saying: “India is playing an integral role in manufacturing and providing services to consumers in the United States. We look forward to working with the USISPF Board to continue to strengthen ties between the US and India.”
Business
Jeff Bezos to sell 50 mn Amazon shares in next 12 months
San Francisco, Feb 3 (IANS) Amazon founder Jeff Bezos is planning to sell at least 50 million company shares in the next year, the media reported.
According to a filing with the US Securities and Exchange Commission (SEC), Amazon, where Bezos currently serves as executive chair, said its billionaire founder had a trading plan for selling a maximum of 50 million shares.
The sales will occur “over a period” ending January 25 of next year “subject to certain conditions,” the filing read, reports Fox Business.
Bezos, who recently turned 60, owns nearly one billion shares of Amazon stock. Seven other top Amazon insiders took up trading plans for offloading Amazon shares, according to the SEC filing.
However, Bezos’ involved the largest amount of shares. Bezos’ stake in Amazon stocks make up a major portion of his $193.3 billion personal fortune.
Net sales for Amazon increased 14 per cent to $170 billion in the holiday quarter that ended December 31, 2023, compared with $149.2 billion in the fourth quarter of 2022.
Net income increased to $10.6 billion in the fourth quarter of 2023, compared with $0.3 billion in the fourth quarter of 2022. Amazon Web Services (AWS) segment sales increased 13 per cent year-over-year to $24.2 billion.
Amazon CEO Andy Jassy said the past holiday season was “record-breaking.” “This Q4 was a record-breaking Holiday shopping season and closed out a robust 2023 for Amazon,” said Jassy. “As we enter 2024, our teams are delivering at a rapid clip, and we have a lot in front of us to be excited about,” he added.
Business
Apple not to license Masimo’s patents despite Watch import ban
San Francisco, Feb 3 (IANS) Apple has no intention to license healthcare company Masimo’s blood oxygen detection to end the Apple Watch import ban.
Apple CEO Tim Cook told CNBC that the company is focused on appeals.
“We’re focused on appeal. There’s lots of reasons to buy the watch even without the blood oxygen sensor,” he was quoted as saying.
The Apple Watch Series 9 and Apple Watch Ultra 2 are still on sale in the US. However, these models being sold have the blood oxygen sensor disabled via software.
Apple Watch models sold before the import ban went into effect on January 18, 2024 will still have functional blood oxygen detection.
It seems likely that the blood oxygen detection function could be added back via a software update if the import ban ends, reports Apple Insider.
Masimo has said the company is willing to settle with Apple.
Apple resumed sale of its Watch Series 9 and Watch Ultra 2 last month without blood oxygen features amid the patent infringement dispute.
“Apple Watch Series 9 and Apple Watch Ultra 2 without the Blood Oxygen feature will become available from apple.com starting 6 am PT on January 18, and from Apple Stores starting January 18,” a company spokesperson had said.
“Apple’s appeal is ongoing, and we believe the US Court of Appeals for the Federal Circuit should reverse the USITC’s decision. We strongly disagree with the USITC decision and resulting orders,” said the company.
“Pending the appeal, Apple is taking steps to comply with the ruling while ensuring customers have access to Apple Watch with limited disruption,” the company said.
The new Apple watches were banned in the US after the ITC ruled that the blood oxygen sensors violated patents belonging to Masimo.
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