Bank's Lack Of Consent No Bar To Arbitrator Appointment Under SARFAESI: Delhi High Court

The Delhi High Court on 25 September held that a bank's lack of consent does not bar appointment of an arbitrator where an inter-se dispute between banks falls within the statutory arbitration mechanism under the SARFAESI Act. Justice Om Prakash Shukla appointed Advocate Mohit Kumar Mudgal as sole arbitrator to adjudicate Indian Bank's dispute with Bank of Baroda and others over competing claims of priority and charge over certain mortgaged properties. The Bench observed: “The absence of...

Delhi High Court Issues Notice To Riju Ravindran On Byju's Alpha Plea To Enforce $840K DIFC Courts Order

The Delhi High Court on Friday sought a response from Riju Ravindran, co-founder of Byju's parent Think & Learn Pvt Ltd, on an execution petition filed by Byju's Alpha Inc., a Delaware-incorporated company and Think & Learn group company. Byju's Alpha is seeking enforcement of a Dubai International Financial Centre (DIFC) Courts order directing Ravindran to pay USD 8,40,000 towards costs. Justice Manoj Jain was hearing the execution petition filed by Byju's Alpha against Ravindran...

GST Authorities Arrest Man Who Appeared On Court's Direction: Punjab & Haryana HC Orders Immediate Release

The Punjab & Haryana High Court has ordered the immediate release of a man arrested by GST authorities after he appeared before them pursuant to the court's direction to cooperate with the investigation.A Bench of Chief Justice Ashwani Kumar Mishra and Justice Rohit Kapoor observed that Goyal had appeared before the authorities with the documents sought by them. The matter was already pending before the court and was listed for September 29, when the authorities were expected to report on...

Kerala High Court Issues Notice To SEBI On Plea Alleging Financial Irregularities Against Kitex Group

The Kerala High Court on Saturday issued notice to the Securities and Exchange Board of India (SEBI) on a petition by a Kitex Garments Limited shareholder seeking consideration of his complaint alleging irregularities in the company's financial and related-party transactions.The court also issued notice to Kitex Garments Limited (KGL) and Kitex Childrenswear Limited (KCL), which have been named as respondents in the petition.Justice Bechu Kurian Thomas issued the notice. SEBI's counsel sought...

Delhi High Court Restrains Doora Express Services' Former General Manager From Using 'DURA' Mark

The Delhi High Court has restrained a former General Manager and his logistics company from using “DURA” for logistics and transportation services. The court found prima facie merit in Doora Express Services' claim that the mark is similar to its registered “DOORA” trademarks.Justice A.J. Bhambhani passed the order in a suit filed by Doora Express Services against Dura Logistics India and its director.Doora Express Services is the registered proprietor of the trademarks "DOORA," "DOORA EXPRESS...

CGST Act Permits Tax Liability To Be Determined After Death Of Person: Delhi High Court

The Delhi High Court has held that the Central Goods and Services Tax (CGST) Act permits tax, interest, or penalty liability to be determined even after the death of the person against whom the underlying liability arises.The Division Bench of Justices Anil Kshetarpal and Vimal Kumar Yadav held that Section 93 of the CGST Act does not require adjudicatory proceedings to have commenced during the lifetime of the deceased for liability to be determined after his death.“The provision preserves...

Delhi High Court Upholds ₹10.57 Crore GST Demand, Says Parallel Proceedings Barred Only For Same Subject Matter

The Delhi High Court has dismissed a plea challenging the ₹10.57 crore GST demand, holding that the subsequent proceedings initiated by the Delhi GST authorities were not barred merely because the Directorate General of GST Intelligence (DGGI) had earlier initiated proceedings against the Petitioner concerning overlapping transactions.The Division Bench of Justices Anil Kshetarpal and Rajneesh Kumar Gupta held that Section 6(2)(b) of the Central Goods and Services Tax Act, 2017, which seeks to...

“Very Dangerous Proposition”: Delhi HC On AAR View Treating Mastercard's Interface Processor In India As Permanent Establishment

The Delhi High Court on Friday orally observed that treating a network or towers as a permanent establishment (PE) of a foreign enterprise could be a “very dangerous proposition," warning that such an approach could be misused across jurisdictions.“AAR's view that towers and network itself constitute a PE is a very dangerous proposition ... it can be misused anywhere,” a Division Bench comprising Justice Dinesh Mehta and Justice Aditi Choudhary observed while hearing afresh Mastercard Asia...

Appointing Arbitrator Unilaterally Does Not Amount To Waiving Ineligibility: Delhi High Court

The Delhi High Court has held that a party's unilateral appointment of an arbitrator cannot by itself amount to an express waiver of the arbitrator's statutory ineligibility under Section 12(5) of the Arbitration and Conciliation Act, 1996.A Division Bench of Justice Anil Kshetarpal and Justice Vimal Kumar Yadav upheld the setting aside of an arbitral award partly in favour of Ahluwalia Contracts (India) Limited (ACIL), despite the Airports Authority of India (AAI) having appointed the...

Delhi High Court Rejects Bank's Plea To Revive Cheque Case After Counsel Earlier Said Dues Were Fully Paid

The Delhi High Court has refused to revive a cheque dishonour complaint after Equitas Small Finance Bank Limited's counsel told a magistrate and the National Lok Adalat that the dispute had been settled and the bank had received full payment.The bank later claimed that its then counsel had misunderstood its instructions and erroneously represented that the dues had been settled and paid. It sought recall of the September 14, 2024 Lok Adalat award and restoration of the complaint.Justice Saurabh...

Pending Arbitration Does Not Bar Wilful Defaulter Proceedings Against Borrower: Calcutta High Court

On 23 September, the Calcutta High Court held that the pendency of arbitration proceedings cannot prevent a lender from issuing a show-cause notice to declare a borrower a wilful defaulter. Justice Krishna Rao dismissed Kitply Industries' writ petition challenging SREI Equipment Finance Ltd.'s (SEFL) show-cause notice alleging that it had disposed of assets securing its credit facility without the lender's approval. The Bench observed: “Pendency of the arbitration proceeding could not debar...

Punjab & Haryana High Court Sets Aside PCIT Order Rejecting Delay Condonation In HMT VRS Tax Claim

The Punjab & Haryana High Court on 23 September set aside the Principal Commissioner of Income Tax's (PCIT) rejection of an HMT Limited's employee's request to condone the delay in filing a revised return to claim an additional exemption on VRS compensation.A Division Bench of Justices Deepak Sibal and Sunish Bindlish held that delay in filing a revised income tax return cannot be treated as a standalone test while considering a request for condonation under CBDT Circular No. 9/2015. The...