Tuli & Co
(The following information was supplied by the firm)
Tuli & Co was established in 2000 to service the Indian and international insurance and reinsurance industry. It is an insurance-driven commercial litigation and regulatory practice and has working associations with firms in other Indian cities as well as globally through an association with Kennedys.
Senior Partner: Neeraj Tuli
Number of partners: 6
Number of lawyers: 41
Languages: Bengali, English, Hindi, Kannada, Malayalam, Marathi, Gujarati
Main Areas of Expertise:
Insurance & Reinsurance (Non-Contentious):
Regulatory and operational advice, reviewing and preparing commercial agreements, structuring start-up operations and development of insurance products.
Contacts: Neeraj Tuli, Celia Jenkins
Representation before courts and arbitral tribunals on anti-arbitration injunctions, suits for injunction against letters of credit and challenge as well as enforcement of foreign arbitral awards under Indian law.
Contacts: Rajat Taimni, Neeraj Tuli, Naval Sharma
T: +91 4593 4000
Introduction The commission/remuneration and rewards payable to insurance agents and insurance intermediaries (such as insurance brokers, corporate agents, web aggregators and insurance marketing firms) for the solicitation and procurement of insurance business have historically been strictly regulated in terms of the amounts and manner of payment. In this regard, Indian insurance companies have always been […]
INSURANCE OMBUDSMAN’S AWARD CAN BE ASSAILED IN WRIT JURISDICTION: ADITYA BIRLA SUN LIFE INSURANCE CO LTD v FATEMA F CHHATRIWALA In a recent landmark decision, the Bombay High Court has held that an Insurance Ombudsman’s Award can be set aside in a writ petition on the ground of perversity. Facts In this case, the Insured […]
SUPREME COURT SETS ASIDE TRIBUNAL’S ORDER WHICH FAILS TO CONSIDER GROUP OF COMPANIES DOCTRINE: (ONGC v DISCOVERY ENTERPRISES PVT LTD & ANR)  A three-judge Bench of the Supreme Court has set aside an arbitral tribunal’s §16 order on the ground that it failed to consider the applicability of the “group of companies” doctrine. This […]
Delhi High Court has held that an order passed by an arbitral tribunal,, pursuant to the matter being remitted back to it cannot be treated as a fresh arbitral award Facts On 14 December 2017, an arbitral award was passed in favour of the Respondent. Aggrieved, the Petitioner filed an application before the Tribunal under […]
Arbitration cannot be invoked after the insured has executed A discharge voucher without protest: (BALKRISHNA SPINTEX PVT LTD v THE NEW INDIA ASSURANCE COMPANY LTD)[] The Gujarat High Court has held that the insured cannot invoke arbitration after the execution of the discharge voucher without protest. Facts The Plaintiff had taken a policy from the […]
DECREE HOLDERS ARE NOT FINANCIAL CREDITORS UNDER THE IBC: SUBHANKAR BHOWMIK V UNION OF INDIA & ANR[] Facts The High Court was considering a writ petition where the Court was requested to: (i) declare that the definition of “financial creditor” under the IBC should include a “decree holder” and (ii) a claim of a […]
Proposed changes could be next big milestone towards ease of doing business. Introduction On 26 April 2022, the Insurance Regulatory and Development Authority of India (IRDAI) issued a press release which stated that it had taken a major step in setting out a new mechanism for processing the requests and applications for the registration of […]
THE SUPREME COURT HAS REFUSED TO INTERFERE WITH THE NCLAT’S RULING THAT THE NCLT CAN HEAR MATTERS AGAINST A PERSONAL GUARANTOR WHERE THE COMPANY IS NOT UNDERGOING CIRP: MAHENDRA KUMAR JAJODIA V. STATE BANK OF INDIA STRESSED ASSET MANAGEMENT BRANCH [CA NO 1871-1872/2022] 20 June 2022 Background Facts State Bank of India filed an application […]
ARBITRATOR CANNOT REWRITE THE CONTRACT BETWEEN THE PARTIES: (UNION OF INDIA, MINISTRY OF RAILWAYS, RAILWAYS BOARD & ANR v JINDAL RAIL INFRASTRUCTURE LTD)  6 June 2022 The Delhi High Court has held that an arbitrator cannot re-write the terms of the agreement between the parties merely because one of the parties subsequently finds it […]
APPELLATE ORDERS OF THE NATIONAL CONSUMER DISPUTE REDRESSAL COMMISSION CAN BE CHALLENGED IN THE HIGH COURT THROUGH A WRIT PETITION: (IBRAT FAIZAN v OMAXE BUILDHOME PVT LTD)[] 67 of the Consumer Protection Act 2019 permits an appeal to be filed in the Supreme Court of India to challenge the NCDRC’s original orders, but not orders […]