High Court
Madras High Court Quashes ₹1.10 Crore Award Against Annai Builders For "Unintelligible" Findings
The Madras High Court on 17 February set aside a Rs. 1.10 crore arbitral award passed against Annai Builders Real Estate Pvt. Ltd., holding that the arbitrator's findings were unintelligible as two disputed running bills were allowed without examining objections of duplicate claims and excess payment, and by ignoring a detailed 242-page expert report assessing actual construction progress. A Single Bench of Justice N. Anand Venkatesh held that the award suffered from perversity and patent...
Rajasthan High Court Declines Writ In Janani Express Contract Dispute, Cites Agreed Dispute Resolution Mechanism
The Rajasthan High Court has declined to entertain a writ petition filed by Modern Emergency Services JV Pvt. Ltd. over its Janani Express contract with the State.The company had sought a six-month extension of its service agreement. It had also sought reimbursement for 350 newly procured ambulances. In addition, it challenged Clause 6.4(35) of a fresh Request for Proposal issued on November 26, 2025. Justice Maneesh Sharma held that the principal grievances arise out of a commercial contract....
Bombay High Court Upholds ₹33 Lakh Award Against Dealmoney Commodities For 'Blatantly Unauthorised' F&O Trades
The Bombay High Court has recently upheld an arbitral finding that Dealmoney Commodities Pvt Ltd executed “blatantly unauthorised” Futures and Options trades in the accounts of a retired couple, which resulted in the depletion of their investment portfolio, and restored compensation of over Rs. 33 lakh with 18 percent interest. A Single Bench of Justice Sharmila U. Deshmukh confirmed the investors' entitlement to Rs. 17,76,581 and Rs.15,32,073 respectively, with interest at 18 percent per annum...
Right To Seek Arbitration Ends Once Written Statement Stage Is Closed: Karnataka High Court
The Karnataka High Court has reiterated that a defendant cannot seek reference to arbitration under Section 8 of the Arbitration and Conciliation Act, 1996 after its right to file a written statement in a commercial suit has been closed, dismissing an appeal filed by real estate developer Bhagyalakshmi Homes LLP. A Division Bench of Chief Justice Vibhu Bakhru and Justice C.M. Poonacha upheld the Commercial Court's order rejecting the developer's plea to refer the dispute to arbitration. “It is...
Pre-Litigation Mediation Mandate Cannot Be Used To 'Cold-Storage' Urgent Commercial Suits: Telangana High Court
The Telangana High Court has recently observed that mandatory pre-litigation mediation cannot be used to stall urgent commercial suits. Section 12A of the Commercial Courts Act, it said, cannot “cold-storage urgent claims.” Nor can it be used for “arm-twisting” a plaintiff seeking interim protection. A Division Bench of Justice Moushumi Bhattacharya and Justice Gadi Praveen Kumar dismissed a revision plea, upholding an order of the Commercial Court which exempted Ras Al Khaimah Investment...
Executing Court Does Not Cease To Have Jurisdiction After Allowing Execution Petition: Calcutta High Court
An executing court does not become functus officio merely because it “allows” an execution petition, the Calcutta High Court has held, clarifying that jurisdiction continues until the arbitral award is fully implemented and satisfied.Dismissing an appeal filed by India Media Services Pvt Ltd, a Division Bench of Justice Sabyasachi Bhattacharyya and Justice Supratim Bhattacharya said that allowing the execution case was “merely nominal, contemplating further steps to be taken” and that “it cannot...
Common Independent Director Not 'Common Management': Gujarat High Court Sets Aside GeM Bid Rejection
The Gujarat High Court has held that an Independent Director cannot be treated as part of the common management of a company for the purpose of disqualifying bids under Clause 29 of the Government e-Marketplace General Terms and Conditions, setting aside the rejection of NR Agarwal Industries Ltd's technical bid in a public tender. A Division Bench of Justice Bhargav D. Karia and Justice L.S. Pirzada observed, “the Independent Director stands on a different foot than the Director whether he is...
Municipal Dues Cannot Be Recovered From Auction Purchaser After IBC Liquidation: Calcutta High Court
The Calcutta High Court has held that once liquidation proceedings commence under the Insolvency and Bankruptcy Code, municipal dues must be dealt with strictly within the framework of the Code and cannot be enforced independently against auction purchasers through contractual clauses such as “as is where is” or “whatever there is." Such clauses generally mean that a buyer takes the property in its existing physical and legal condition, along with all visible defects, risks, and liabilities...
Jammu & Kashmir & Ladakh High Court Upholds 12% Post-Award Interest Despite 18% Rate Under Unamended Arbitration Law
The High Court of Jammu and Kashmir and Ladakh has dismissed an appeal filed by the Union of India challenging an arbitral award that granted 12 percent post-award interest, holding that the statutory 18 percent rate under the unamended law applies only where the award is silent.A Division Bench of Justice Rajnesh Oswal and Justice Rahul Bharti dismissed an appeal filed by the Union of India challenging and award including the grant of 12 percent future interest in favour of K.K. Enterprises...
Bombay High Court Restrains 'ACERIL' Trademark For Phonetic Similarity With Glenmark's 'ASCORIL'
The Bombay High Court on 16 February granted ad-interim relief to Glenmark Pharmaceuticals Ltd, temporarily restraining the use of the trademark “ACERIL” by Venkata Subbarao, after finding it visually and phonetically similar to Glenmark's registered mark “ASCORIL.” Justice Sharmila U. Deshmukh observed that although the two medicinal products treat different ailments, the similarity between the marks, if not restrained, could have a disastrous effect. She wrote: “Prima facie the visual and...
GST Authorities Cannot Enforce IGST Demand Against SREI Finance During Moratorium: Delhi High Court
The Delhi High Court on 12 February held that Goods and Services Tax (GST) authorities cannot pursue coercive recovery of tax dues against a corporate debtor during the moratorium under the Insolvency and Bankruptcy Code (IBC). A Bench of Justice Nitin Wasudeo Sambre and Justice Ajay Digpaul, set aside a demand of Rs. 67.5 lakh of Integrated Goods and Services Tax (IGST), including a penalty of 100% of the tax demand, raised on SREI Equipment Finance Limited (SEFL), observing that the GST...
