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...

Bombay High Court Rejects NSEL Plea To Adopt Committee Mechanism To Assess Liability In ₹937 Crore Suit

The Bombay High Court on Monday rejected a notice of motion filed by National Spot Exchange Limited (NSEL) seeking application of a committee mechanism to its recovery suit involving alleged fraudulent and collusive commodity transactions against its former trading member, N.K. Proteins Ltd. and its promoters, directors, and related entities. Holding that the notice of motion was premature and that pleadings must be completed and issues framed before such relief can be considered, Justice Gauri...

Chhattisgarh High Court Refuses To Condone 110-Day Delay In Arbitration Appeal Against PwC

The Chhattisgarh High Court has dismissed an arbitration appeal filed by the Chhattisgarh State Agriculture Marketing Board against Price Waterhouse Coopers Pvt. Ltd., holding that the Board failed to justify a delay of 110 days in filing the appeal within the time limit prescribed under the Commercial Courts Act. A division bench of Justices Rajani Dubey and Radhakishan Agrawal held that no sufficient cause was shown to justify the delay beyond the prescribed limitation period under the...

Calcutta High Court Sets Aside Eviction Decree Against Indian Oil As Commercial Dispute Was Heard In Non-Commercial Division

The Calcutta High Court has recently set aside an eviction decree passed against Indian Oil Corporation Limited, holding that a suit for eviction from property leased for running a petrol pump remained a commercial dispute under the Commercial Courts Act, 2015 and therefore could not have been filed in the non-commercial division of the Court. A division bench of Justice Debangsu Basak and Justice Md. Shabbar Rashidi held that the requirements of Section 2(1)(c)(vii) of the Act were satisfied,...

Dispute Over Lease Of Land For Petrol Pump Is Commercial Dispute Even If Pump Not Operational: Karnataka High Court

The Karnataka High Court has recently held that a dispute arising from a lease of land for a petrol pump qualifies as a “commercial dispute” under the Commercial Courts Act, even if the business has not commenced and the project is still under construction.A Division Bench of Chief Justice Vibhu Bakhru and Justice C.M Poonacha was considering an appeal challenging an order of the Commercial Court returning the plaint on the ground that the dispute did not fall within the definition of a...