Madhya Pradesh High Court Bars Post-Resolution Proceedings Against Corporate Debtor's “New Avatar”

The Madhya Pradesh High Court on 27 May held that once a resolution plan is approved under the Insolvency and Bankruptcy Code, 2016, the corporate debtor in its “new avatar” cannot face pre-resolution claims or proceedings that stand extinguished under the approved plan. Justice Jai Kumar Pillai reiterated that the insolvency framework ensures a “clean slate” to the successful resolution applicant and allowed the petition filed by Pushp Ratna Realty Pvt Ltd, whose resolution plan the NCLT,...

OTS Rejection Is Substantive Order, Pre-Deposit Mandatory Under SARFAESI: Calcutta High Court

The Calcutta High Court on 20 May held that rejection of a borrower's plea seeking implementation of a One Time Settlement (OTS) scheme constitutes a substantive adjudication affecting debt liability and not a mere procedural order. Justice Om Narayan Rai observed that any direction requiring a bank to implement an OTS scheme would amount to alteration of the borrower's outstanding liability. He held: “A direction to the bank to implement a scheme for one time settlement in support of a...

Depositors Can Approach Consumer Fora Despite Co-operative Societies Act Remedies: Kerala High Court

The Kerala High Court on 2 June held that remedies under the Kerala Co-operative Societies Act, 1969 do not bar depositors of co-operative banks from approaching consumer fora under the Consumer Protection Act for redressal of their grievances. A Division Bench comprising Justices Dr. A.K. Jayasankaran Nambiar and Preeta A.K. dismissed an appeal filed by Puthur Service Co-operative Bank against orders of the consumer fora directing repayment of matured fixed deposits. The judges held: “...even...

Himachal Pradesh High Court Orders Arbitrator To Complete NHAI Land Compensation Case By 4 December 2026

On 3 June, the Himachal Pradesh High Court held that when a statute requires an authority or arbitrator to perform an act within a prescribed time, the obligation lies on that authority to comply with the statutory timeline and complete the task accordingly. A Single Bench of Justice Romesh Verma, while hearing Mohan Singh (deceased) through legal representatives v. National Highways Authority of India and others, directed the Divisional Commissioner-cum-Arbitrator, Shimla, to conclude the...

Dealership Agreements Terminable On Notice Cannot Be Restored Through Arbitration: Allahabad High Court

The Lucknow Bench of the Allahabad High Court on 15 May held that an arbitral tribunal cannot restore a dealership agreement that either party can terminate by notice. Such a contract is determinable in nature and Section 14 of the Specific Relief Act bars its specific enforcement. A Division Bench of Chief Justice Arun Bhansali and Justice Jaspreet Singh allowed Indian Oil Corporation Limited's (IOCL) appeal, set aside the arbitral award directing restoration of the dealership, and quashed the...

Delhi High Court Appoints Former SC Judge Arun Mishra Arbitrator In NHIDCL Contract Dispute

The Delhi High Court on May 19 dismissed an appeal filed by National Highways Infrastructure Development Corporation Ltd. (NHIDCL) against an order restraining the encashment of bank guarantees furnished by a contractor. With the consent of both sides, the court also appointed former Supreme Court judge Justice Arun Mishra as the sole arbitrator to adjudicate disputes arising from a highway project in Assam. A division bench of Justices Dinesh Mehta and Vinod Kumar upheld a February 24 order...

SARFAESI Sale Certificates Not Liable To Stamp Duty Upon Issuance: Kerala High Court [Full Bench]

The Kerala High Court has recently held that a sale certificate issued pursuant to an auction sale under the SARFAESI Act is not liable to stamp duty merely upon its issuance. The Court also held that a Registering Officer cannot refuse to file a copy of such certificate on the ground that it is unstamped. A Full Bench comprising Justices Sathish Ninan, T.R. Ravi and M.A. Abdul Hakhim answered a reference arising from conflicting Division Bench decisions on the issue. “It has been held that...

Delhi High Court Rules Intas' BEVATAS Does Not Infringe Sun Pharma's BEVETEX Trademark

The Delhi High Court has ruled in favour of Intas Pharmaceuticals, setting aside a permanent injunction that had restrained the company from using its trademark 'BEVATAS' for its anti-cancer drug. A Division Bench of Justice V. Kameswar Rao and Justice Manmeet Pritam Singh Arora held that Intas' mark 'BEVATAS' does not infringe Sun Pharma Laboratories' registered trademark 'BEVETEX', allowed the appeal and dismissed Sun Pharma's suit. The dispute dates back to December 2017, when Sun Pharma...

Telangana HC Orders Education Dept. To Hear Representation Against Permission For School Using Trademarked 'SPR' Name

The Telangana High Court has directed Telangana's education authorities to consider a representation seeking cancellation of permissions and recognition granted to a rival school operating under the name "SPR High School". The petitioner contended that the name infringed his registered trademarks and was being used despite an injunction granted by a civil court. Justice Juvvadi Sridevi was dealing with a petition filed by educationalist V. Sree Pathi Reddy. He sought consideration of his...

Magistrate Cannot Refer Parties To Mediation In SARFAESI Proceedings Under Section 14: Kerala High Court

The Kerala High Court has set aside an order referring a SARFAESI proceeding to mediation, holding that the role performed by a Magistrate in such proceedings is purely ministerial and does not involve any adjudicatory process. Justice P.V. Balakrishnan observed that a Chief Judicial Magistrate or Additional Chief Judicial Magistrate exercising powers under the SARFAESI Act does not perform any quasi-judicial function and has no discretion in the matter. “It cannot be disputed that the power...

Delhi High Court Cancels 'PONTA' Trademark In Plea By Panasonic, Holder Of 'PENTA' Mark

The Delhi High Court has recently ordered the cancellation of the word mark 'PONTA' and its device variant, holding that they are deceptively similar to Panasonic's registered 'PENTA' trademark for electrical goods. Justice Tushar Rao Gedela, deciding two rectification petitions filed by Panasonic Holdings Corporation, directed the Registrar of Trade Marks to remove both marks from the Register within four weeks. "What strikes the eye at the first glance is the glaring similarity, rather...

Unauthenticated Alteration In Cheque Date Renders It Void: Kerala High Court

The Kerala High Court has recently held that an alteration in the date of a cheque that is not authenticated by the drawer's full signature amounts to a material alteration and renders the cheque void, while upholding an acquittal in a cheque dishonour case. Justice A. Badharudeen held: “When there is alteration of the date in the cheque which is not authenticated by putting the full signature of the drawer on the place of alteration, the same operates as a material alteration and the same...