Commercial Courts Act
Calcutta HC Grants Summary Judgment In Commercial Suit After Defendants Forfeit Right To File Written Statement
The Calcutta High Court has held that in a commercial suit where defendants forfeit their right to file a written statement, they cannot set up any defence, and summary judgment can be granted where there is no real prospect of successfully defending the claim.A Bench of Justice Aniruddha Roy decreed a commercial recovery suit in favour of De Converter India Private Limited, directing La Chemico Pvt Ltd and others to pay Rs. 34.62 lakh towards unpaid dues, along with interest at 6% per annum...
Delhi HC Restrains Law Prep From Misusing 'LegalEdge' Mark, Orders Take Down AI Defamatory Content
Noting a dispute between Law Prep and Toprankers over this year’s CLAT topper, the court restrained misuse of her identity and clarified it was not invoking personality rights, holding that a single exam success cannot create such rights
Bombay High Court Refuses To Reject Phoenix ARC's ₹500 Crore Suit Against Future Brands
The Bombay High Court recently refused to reject a suit involving a claim of over Rs 500 crore filed by Phoenix ARC Private Limited against Future Brands Ltd, holding that the requirement of pre-filing mediation will not apply where urgent interim relief is sought. Justice Gauri Godse held that a party cannot be denied access to the court merely because mediation was not completed if urgent protection is required. The court observed: “Hence, in view of the well-settled legal principles,...
Railways' SCR Treasury Account Not Immune To Attachment Without Proof Of Exempt Funds: Telangana High Court
The Telangana High Court has recently held that the Railways' SCR treasury account is not immune from attachment in execution proceedings in their entirety and that only specifically identifiable exempt amounts can be protected. Clarifying that exemptions under Section 60 of the Civil Procedure Code apply only to identifiable portions of funds and not entire accounts, the Court said, “It is also pertinent to note that the proviso to section 60(1) of the CPC carve-out exceptions from...
Karnataka High Court Sets Aside $114,041 Decree, Says Time-Barred Claims Cannot Be Revived By Assignment
The Karnataka High Court has recently set aside a Commercial Court order directing Komtech Plastic Technologies India Pvt. Ltd. to pay USD 114,041 to Zrii Technologies Inc., holding that a time-barred claim cannot be revived through assignment of receivables, while modifying relief granted on equity shares.A Division Bench of Chief Justice Vibhu Bakhru and Justice C.M. Poonacha held that the Commercial Court had erred in treating the dispute as a declaratory suit and in concluding that the claim...
Karnataka HC Allows Arbitration Plea Filed By Retired Partner As It Was Not Filed As Partner Of Unregistered Firm
The Karnataka High Court has held that, in the facts of the case, a retired partner can seek to refer a dispute to arbitration to defend himself in a recovery suit, and such a plea cannot be rejected merely because the partnership firm was not registered. A Division Bench comprising Chief Justice Vibhu Bakhru and Justice C.M. Poonacha was considering an appeal challenging an order of the Commercial Court, which had refused to refer the parties to arbitration under Section 8 of the Arbitration...
Commercial Court Cannot Deny Liberty To Refile Suit Without Rejection Under The CPC: Delhi High Court
The Delhi High Court on 8 April 2026 held that a Commercial Court cannot deny a party the liberty to withdraw a suit with permission to institute a fresh suit unless the plaint is rejected under Order VII Rule 11 of the Code of Civil Procedure, 1908. A Division Bench of Justices Vivek Chaudhary and Renu Bhatnagar set aside a Commercial Court order dated 15 December 2025 that permitted withdrawal of the suit without granting the appellant the liberty to file afresh. The Court held: “In absence...
Delhi High Court Restrains Forensic Investigator From Circulating Confidential Report Part Of Kochhar And Co Suit
The Delhi High Court on Tuesday restrained a forensic investigator from disclosing or circulating a report forming part of a privileged investigation in a commercial suit filed by Kochhar & Co. alleging breach of legal privilege and confidentiality.Justice Mini Pushkarna restrained the person from disclosing or circulating the report or any confidential material related to the assignment till the next date of hearing in August. “Accordingly, it is directed that till the next date of...
Madras High Court Rejects MSME's Interest Claim Under MSMED Act In Absence Of Contract
The Madras High Court has dismissed an MSME's claim for interest under the Micro, Small and Medium Enterprises Development Act, 2006, holding that such interest cannot be awarded where the claim arises as compensation under Section 70 of the Contract Act and not from a contractual debt Justice Senthilkumar Ramamoorthy, in a judgment delivered on April 01, 2026, held that, “In any event, the plaintiff cannot claim interest on compounded basis with monthly rests, whether by invoking Section 16 of...
Calcutta High Court Denies Summary Judgment In GST Compliance Dispute, Says Trial Mandatory
The Calcutta High Court on 1 April held that objections relating to GST compliance and supply of goods raise triable issues that require a full trial and refused to grant summary judgment in a commercial dispute. Justice Aniruddha Roy was hearing an application under Order XIII-A of the Code of Civil Procedure seeking dismissal of the suit on the ground that the plaintiff had no real prospect of success. He observed: “Once factual enquiry is required to be made on the basis of the case and...
Delhi High Court Rejects Buyers' Denial Of Supply After VAT Credit Claim
The Delhi High Court has upheld a commercial court decree directing recovery of Rs. 8.89 lakh in a dispute over supply of chemical goods, holding that the purchasers' conduct in availing VAT input credit made their plea that the transactions were fictitious untenable. A Division Bench of Justices Prathiba M. Singh and Madhu Jain said, “The claim of VAT input credit necessarilyproceeds on the premise that the purchasing dealer recognizes the transaction as a genuine purchase from the supplier....
Supervisory Jurisdiction Of High Court Can Be Invoked Against Refusal To Reject Plaint In Commercial Suits: MP High Court
The Madhya Pradesh High Court has recently held that a party can invoke the supervisory jurisdiction of the High Court (Article 227 of the Constitution) to challenge a Commercial Court's refusal to reject a plaint at the threshold, even where no appeal or revision lies against such an order.The court clarified that although statutory remedies are barred under the Commercial Courts Act, the High Court's supervisory jurisdiction remains available in limited cases, particularly where the impugned...












