Post-2015 Challenge Does Not Apply Amended Arbitrator Eligibility Rules To Earlier Arbitration: Delhi High Court

The Delhi High Court has recently ruled that merely filing a challenge to an arbitral award after the 2015 amendments to the arbitration law does not, by itself, make the amended rules on arbitrator eligibility applicable to an arbitration that commenced earlier. Justice Jasmeet Singh observed that where arbitration proceedings had commenced before October 23, 2015, the validity of the arbitrator's appointment must be examined under the law applicable to those proceedings. The subsequent...

Delhi High Court Quashes Customs Demand Against JAL After Unfiled Insolvency Claim Stood Extinguished

The Delhi High Court has held that a pre-insolvency customs claim against Jaiprakash Associates Limited stood extinguished after the Customs Department failed to submit it during the company's insolvency process and the resolution plan was approved.The Division Bench of Justices Anil Kshetarpal and Shail Jain observed, “The failure of the Respondents (Customs) to submit their claim cannot…operate to the prejudice of the Corporate Debtor or the Successful Resolution Applicant. The IBC does not...

India-ASEAN Trade Agreement's Dispute Resolution Mechanism Can't Bar Customs Action: Delhi High Court

The Delhi High Court has held that the dispute resolution mechanism under the India-ASEAN trade agreement cannot bar Customs authorities from initiating proceedings under the Customs Act 1962, observing that the relevant treaty provision has not been incorporated into Indian domestic law.The Division Bench of Justices Anil Khetarpal and Shail Jain made the observation while dismissing a petition filed by M.M. Ceramics & Ferro Alloys challenging Customs proceedings relating to its claim of...

Lack Of Written Customs SCN Doesn't Warrant Release Of Detained Goods Where Oral Proceedings Were Held: Delhi HC

The Delhi High Court has held that the absence of a separate written show cause notice does not, by itself, justify the release of goods detained by Customs. This is particularly so where the Department asserts that oral proceedings were undertaken at the time of interception and remains willing to afford the passenger a personal hearingThe Division Bench of Justices Anil Khetarpal and Shail Jain made the observation while dismissing a petition seeking release of two gold bars weighing 166...

Mere Natural Justice Violation Claim Cannot Bypass Customs Appeal Remedy: Delhi High Court

The Delhi High Court has recently held that a mere assertion of violation of principles of natural justice cannot, by itself, justify bypassing the statutory appellate remedy under the Customs Act, 1962.The Division Bench of Justices Anil Khetarpal and Shail Jain made the observation while declining to entertain a writ petition challenging the absolute confiscation of a 117-gram gold bar by Customs authorities.Petitioner contended that no valid Show Cause Notice was issued before confiscation...

'Remained Inactive For Several Years': Delhi High Court Refuses To Entertain Writ Against Customs Gold Seizure

The Delhi High Court has refused to entertain a writ petition challenging the confiscation of a 116-gram gold bar seized by Customs in December 2020, noting that the petitioner remained “inactive for several years” and approached the Court only in 2025.The Division Bench of Justices Anil Khetarpal and Shail Jain observed that Petitioner was aware of the seizure but did not take any steps in respect of it for several years. The Court also noted that the confiscation order passed by Customs in...

Delhi High Court Finds No Natural Justice Violation In Customs Case After Four Missed Hearings

The Delhi High Court has recently dismissed a plea challenging a Customs order on the ground that Petitioners were denied a personal hearing, holding that they had been given repeated and adequate opportunities, which they failed to avail.The Division Bench of Justices Anil Khetarpal and Shail Jain observed that adjournments were granted as an indulgence rather than as a right, and that Petitioners were afforded four opportunities of personal hearing between September and December 2024.The case...

Bombay High Court Directs Release Of Imported Areca Nuts Without Guarantee, Says FSSAI Clearance Suffices

The Bombay High Court on 31 August directed the Customs Department to release two consignments of imported roasted areca nuts belonging to Shivshakti Enterprises without insisting on a Rs. 40 lakh bank guarantee. A Division Bench of Justices M.S. Karnik and Sandesh D. Patil applied the principle laid down in the High Court's earlier decision in NBG International Private Limited v. Union of India & Ors. and held that the issue in the present case was squarely covered by that ruling. The...

Madras High Court Allows Theatrical Release Of Jayam Ravi-Starrer 'Karathey Babu' Amid Copyright Dispute

On 1 September, the Madras High Court permitted Screen Scene Media Entertainment to proceed with the theatrical release of Tamil film Karathey Babu, starring Jayam Ravi, and modified an interim injunction that had restrained the producer from releasing, distributing or otherwise dealing with the film. Justice K. Kumaresh Babu passed the order on applications filed by Screen Scene Media Entertainment seeking to vacate the interim injunction in a suit filed by Dr. S. Venkatesh. The Bench...

MSME Borrower Can't Raise Revival Framework Defence In Subsequent SARFAESI Case: Kerala High Court

The Kerala High Court on 1 September held that an MSME borrower cannot invoke the MSME revival and rehabilitation framework for the first time in subsequent litigation to challenge SARFAESI proceedings when the borrower failed to raise the issue in the first round of litigation. A Division Bench of Chief Justice Soumen Sen and Justice Syam Kumar V.M. upheld the dismissal of a writ petition filed by Soubhagye Road Builders and its proprietors against recovery proceedings initiated by Canara Bank...

Delhi High Court Says Advance Service Mandatory For Fair Hearing In Second Plea Over Nagpur Logistics Park

The Delhi High Court on 1 September dismissed a second petition under Section 9 of the Arbitration and Conciliation Act, 1996 filed by DC Multi Modal Park Pvt. Ltd., after noting that the company had obtained a status quo order without advance-serving the successful bidder, even though it had the bidder's complete contact details.Justice Tushar Rao Gedela held that advance service in proceedings seeking interim relief is essential to ensure that parties who may be affected by an order get...

Gujarat High Court Grants ₹1 Crore Tax Refund To Charitable Trust After Exemption Was Omitted

The Gujarat High Court on 25 August quashed the rejection of the revision application filed by Sheth Shree Karshandas Halu Dharamshala Jamnagar and held that the public charitable trust was entitled to exemption under Section 11(1A) of the Income-tax Act.A Division Bench comprising Justices A.S. Supehia and Vaibhavi D. Nanavati held that a bona fide omission to claim a statutory tax benefit in the original return can be corrected through revisional proceedings under Section 264 of the Act. The...