Limitation Began On Refusal To Perform: Karnataka HC Upholds Arbitral Award In Housing Society's Favour

The Karnataka High Court has upheld an arbitral award directing a landowner to execute sale deeds for the remaining sites under a development agreement. It held that the society's claim was not barred by limitation because the agreement did not prescribe a fixed date for execution of the remaining sale deeds, and limitation began only when performance was refused. A division bench of Chief Justice Vibhu Bakhru and Justice K.S. Hemalekha dismissed an appeal by landowner A.R. Abdul Razak...

Supreme Court Appoints Former Judge Justice Abhay Oka As Mediator In IIFL Finance-Paramvir Developers Dispute

The Supreme Court on Monday appointed former Supreme Court judge Justice Abhay S. Oka as mediator to facilitate a settlement in a dispute between IIFL Finance Ltd. and a real estate developer over a Framework Agreement concerning the settlement of loan facilities. The agreement relates to the La Maison, Signature Suites, and Celyn real estate projects. A vacation bench of Justices K.V. Viswanathan and Shree Chandrashekhar passed the order while hearing IIFL Finance's special leave petition...

Karnataka High Court Upholds Decree Directing MVJ College To Pay STP Contractor Dues

The Karnataka High Court has largely upheld a commercial court decree directing MVJ College of Engineering to pay outstanding amounts claimed by a contractor engaged to refurbish and maintain the institution's sewage treatment plant (STP). The court, however, reduced the amount payable towards refurbishment works after accounting for tax deducted at source (TDS). A Division Bench of Chief Justice Vibhu Bakhru and Justice C.M. Poonacha partly allowed the college's appeal. It reduced the...

Karnataka High Court Sets Aside Part Of Arbitral Award Over GST Computation On Non-Tendered Works

The Karnataka High Court has partly set aside an arbitral award in a dispute between the National Centre for Biological Sciences (NCBS) and URC Constructions Pvt Ltd. The court held that the arbitral tribunal ignored material evidence while concluding that the value of non-tendered items was ₹9.65 crore exclusive of GST. A division bench of Chief Justice Vibhu Bakhru and Justice C.M. Poonacha found that invoices and other records on the arbitral record showed that at least some GST was...

Commercial Courts Act's 120-Day Written Statement Limit Inapplicable To Admiralty Suits: Kerala High Court

The Kerala High Court has condoned a 135-day delay in filing a written statement in an Admiralty Suit. The Court held that the mandatory 120-day deadline prescribed for commercial disputes does not govern proceedings under the Admiralty Act, 2017. The Court reached this conclusion even though disputes relating to admiralty and maritime law are categorised as commercial disputes under the Commercial Courts Act. Justice M.A. Abdul Hakhim held that Admiralty Suits are governed by the original...

Oral Statements Cannot Alter Written Lease Terms, Karnataka HC Sets Aside Commercial Court Decree

The Karnataka High Court has set aside a Commercial Court decree directing the return of a cable TV network business, equipment, and subscribers and ordering payment of rent and damages. The court held that there was no evidence of any agreement extending a written lease beyond its stipulated term and that the claims were barred by limitation. The dispute concerned a cable TV network business operated under the name “New Satellite Video Visions” in Mysuru. A Division Bench of Chief Justice...

Bombay High Court Refers ₹18.58 Crore Construction Dues Dispute Against Piramal Sunteck Realty To Mediation

The Bombay High Court has referred a ₹18.58 crore construction dues dispute between Oram Realty Pvt Ltd and Piramal Sunteck Realty Pvt Ltd arising out of civil works executed at the Signia Waterfront project in Airoli, Navi Mumbai, to mediation. The court held that the plaintiff failed to establish urgency for bypassing the mandatory pre-institution mediation requirement under Section 12A of the Commercial Courts Act. Justice Milind N. Jadhav directed the parties to explore mediation while...

Bombay High Court Imposes ₹2 Lakh Costs On L&T Entities Over Suit Challenging Removal As Mumbai Slum Developer

The Bombay High Court has recently imposed costs of ₹2 lakh each on L&T Asian Realty Project LLP and L&T Realty Limited, along with three other applicants, after holding that their pleas seeking rejection of a commercial suit unnecessarily delayed the proceedings and defeated the objective of speedy disposal of commercial disputes. Justice Gauri Godse dismissed the applications filed by the L&T entities, Shiv Infra Vision Pvt Ltd, Portsmouth Buildcon Pvt Ltd and the Chief Executive...

Bombay HC Denies Interim Relief To Russian Company In ₹19,500 Crore Enforcement Suit Against Tecnimont

The Bombay High Court on Monday refused to grant interim protection to Russian fertiliser company EuroChem North West-2 in its suit seeking enforcement of a Moscow court judgment worth more than Rs 19,500 crore against Italian engineering company Tecnimont S.p.A. The Court declined EuroChem's request to restrain Tecnimont from dealing with its assets in India pending adjudication of the suit. Justice Gauri Godse held that, at the pre-trial stage, the competence of the Moscow Commercial Court to...

Karnataka High Court Refuses Interim Relief To Unacademy Parent In Dispute With Former Educator

The Karnataka High Court has recently refused to grant interim protection to Unacademy parent Sorting Hat Technologies Private Limited against a former educator accused of making disparaging online statements. The Court held that it could not examine the same injunction request after the Commercial Court had already heard the matter and reserved orders. A division bench of Justices Sachin Shankar Magadum and Rajesh Rai K was hearing an appeal filed by the company against an order of the...

Karnataka High Court Refers To Larger Bench Whether Residential JDAs Fall Under Commercial Courts Act

The Karnataka High Court has referred to a larger bench the question of whether Joint Development Agreements (JDAs) for residential projects can be treated as "construction and infrastructure contracts" under the Commercial Courts Act. The referral came after the court held that a dispute arising from a Bengaluru residential apartment project was not a commercial dispute and could not be entertained by a Commercial Court. Justice Tara Vitasta Ganju held that the dispute arising from a Joint...

Delhi High Court Directs SpiceJet To Disclose Assets In Sunbird France Plea To Enforce ₹84 Crore Foreign Decree

The Delhi High Court on Tuesday directed SpiceJet Ltd to file an affidavit disclosing its assets within three weeks in proceedings initiated by France-based aircraft lessor Sunbird France 02 SAS. Sunbird is seeking enforcement of a foreign decree of around ₹84 crore passed by the England & Wales Commercial Court against the airline. Justice Vikas Mahajan recorded the consent of the parties. He directed that, without prejudice to their rights and contentions, SpiceJet shall file the...