High Court
Supplier's Alleged Non-Registration Under MSMED Act Does Not Nullify Arbitral Award: J&K High Court
The High Court of Jammu, Kashmir and Ladakh on 30 September held that an arbitral award passed under the Micro, Small and Medium Enterprises Development Act, 2006 does not become a nullity merely because the supplier was allegedly not registered under the Act when the underlying transaction took place. Justice Sanjay Dhar dismissed three revision petitions filed by Kashmir Confectionary Store, Mehak Trading Co. and Naugraein Traders, challenging the execution of arbitral awards obtained by...
Madras High Court Rejects Review Of ₹10 Crore Cash Credit Addition For Lack Of Due Diligence
The Madras High Court on 28 September dismissed a review application seeking to reopen a Rs. 10 crore unexplained cash credit addition against an individual engaged in civil contract business. A Division Bench comprising Chief Justice Sushrut Arvind Dharmadhikari and Justice G. Arul Murugan dismissed the review application, holding that the petitioner failed to show due diligence in producing documents relied upon as new evidence and failed to establish the identity and creditworthiness of the...
Settlement Of Sale Of Goods Decretal Dues Retains Commercial Character: Calcutta High Court
The Calcutta High Court on 29 September held that a subsequent settlement concerning decretal dues arising from a sale of goods transaction can retain the character of a commercial dispute under the Commercial Courts Act. Justice Ananya Bandyopadhyay directed that the suit between M. Walter and Co. and Rajashi Developers Pvt Ltd be converted into a commercial suit, noting that the dispute constituted a commercial dispute under the Commercial Courts Act. The Bench observed: “The commercial...
Delhi High Court Says NatWest Can't Reduce Interest On ₹5.89 Crore Court-Ordered FDR Without Notice
The Delhi High Court on 23 September dismissed an appeal filed by NatWest Markets PLC against a direction requiring it to pay interest at the higher applicable rate on a fixed deposit maintained pursuant to a court order. A Bench comprising Justices Avneesh Jhingan and Shail Jain passed the order while dealing with NatWest's challenge to the Single Judge's direction to deposit the entire amount with the Registrar General along with interest calculated at the average rate applicable during the...
Incorrect Flat Area In Bank Auction Documents Can't Defeat Buyers' Property Rights: Delhi High Court
The Delhi High Court on 30 September held that a cooperative housing society cannot deny flat buyers membership and thereby deprive them of their rights in the property merely because the sale documents executed by a bank contain an incorrect description of the flat's area. A Division Bench comprising Justices Prathiba M. Singh and Dinesh Bhatt directed the cooperative society to issue the petitioners' membership certificate within one week, forward it to the Registrar of Cooperative Societies...
SARFAESI Possession Of Property Doesn't Bar Redevelopment If Security Is Protected: Bombay High Court
The Bombay High Court on 7 September held that a secured creditor's possession of mortgaged property under the SARFAESI Act does not, by itself, prevent redevelopment of the property, provided the creditor's security remains protected. Justice Amit Borkar permitted redevelopment of flats in Virani Towers, over which the State Bank of India (SBI) had taken possession under SARFAESI proceedings, while directing that the Bank's security should not be diluted or extinguished. The Bench observed: ...
Partner's Claim For Contribution From Co-Partners Arbitrable Despite Guarantor Status: Delhi High Court
On 5 October, the Delhi High Court held that a partner's claim against co-partners for money paid towards a firm's liability remains arbitrable even if the partner made the payment as a guarantor. It also clarified that the nature of the claim, and not merely the capacity in which the bank proceeded against the partner, determines whether it is covered by the arbitration agreement. A Division Bench comprising Justices Anil Kshetarpal and Bharat Parashar restored an arbitral award in favour of...
Calcutta High Court Quashes Garnishee Orders Against SBI Over Inoperative Account
The Calcutta High Court has held that the State Bank of India (SBI) could not have remitted Employees' State Insurance (ESI) dues from an “inoperative” account of its customer. It observed that branding the bank a “deemed defaulter” in such circumstances was without application of mind and violated principles of natural justice.Justice Shampa Dutt (Paul) made the observation while quashing garnishee orders issued against SBI in connection with the ESI dues of Eastern Division (Projects)...
No Court Can Condon Delay In DRT Written Statements Beyond 45 Days: Delhi High Court
The Delhi High Court has ruled that delay beyond the maximum 45-day period for filing a written statement before a Debts Recovery Tribunal (DRT) under Section 19(5)(i) of the Recovery of Debts and Bankruptcy Act, 1993 (RDB Act) cannot be condoned.“The delay beyond the maximum period 45 days prescribed under Section 19(5)(i) of the RDBA Act cannot be condoned by any Court,” a Division Bench of Justice Subramonium Prasad and Justice Renu Bhatnagar observed while dismissing a petition filed by...
Delhi High Court Asks RBI To Caution Banks After Axis Bank's Unilaterally Appointed Arbitrator Handles 4,155 Cases
The Delhi High Court has directed the Reserve Bank of India to caution banks against unilateral appointments of arbitrators and consider remedial measures or guidance for banks and financial institutions on the issue.The direction came after the Court was informed that an arbitrator appointed by Axis Bank had handled 4,155 arbitrations concerning the Bank over four to five years. The Bank also informed the Court that around 76,000 awards had been passed pan-India by such sole arbitrators...
Later DRC-01 Date Alone Cannot Make GST SCN Time-Barred: Delhi High Court
The Delhi High Court has held that a delay in generating Form GST DRC-01, an electronic summary of a GST show-cause notice, does not by itself make the underlying notice time-barred if the substantive notice was issued within the prescribed period.The Division Bench of Justices Anil Khetarpal and Bharat Parashar was dealing with two petitions filed by a proprietorship concern challenging proceedings under Section 74 of the Central Goods and Services Tax (CGST) Act, 2017.The principal issue...
Lilavati Trust Dispute: Bombay High Court Dismisses Former Trustee's Plea In Dispute Over Removal Of Trustees
The Bombay High Court has dismissed a writ petition filed by Niket V. Mehta, a former permanent trustee of the Lilavati Kirtilal Mehta Medical Trust, seeking directions in proceedings for the suspension and dismissal of persons claiming to be trustees of the Trust.Mehta's proceedings sought the suspension and dismissal of Charu K. Mehta, Prashant Mehta, Rajesh Mehta, Rajiv Mehta, Rakesh Khanna, Saurav Sharma, Kiran Shah, Sanjay Shroff, Mohit Mathur, and Tatyaba Palve, who he alleged were...