Expeditious Arbitration Alone Does Not Establish Arbitral Award Was Procured By Fraud: Calcutta High Court

The Calcutta High Court recently held that the mere expeditious conclusion of arbitral proceedings, by itself, does not establish fraud vitiating an award. Fraud must be demonstrated through cogent attending circumstances and cannot be inferred from speed alone. The bench of Justices Debangsu Basak and Shabbar Rashidi set aside an order passed by the executing court in an award arising from a sale dispute, holding that no case of fraud had been made out. The court held, “Simplicitor on the...

Mere Exchange Of Letters Cannot Extend Limitation For Plea For Appointment Of Arbitrator: Kerala High Court

The Kerala High Court on Tuesday held that mere exchange of letters or representations between parties cannot extend the limitation period for filing an application seeking appointment of an arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996. Justice S. Manu observed that once limitation begins to run, recurrent communications between parties cannot stop or stretch the statutory period. “If a party waits indefinitely, without seeking reference by approaching the Court...

Interim Order Directing Release Of Award Amount Not Appealable Under S. 37, Arbitration Act: Gauhati High Court

The Gauhati High Court recently observed that an order directing the release of a deposited award amount during the pendency of a Section 34 challenge cannot be appealed under Section 37 of the Arbitration and Conciliation Act, 1996. The bench of Justice Robin Phukan held an appeal filed by the National Highways Authority of India (NHAI) against an interim order directing the release of the award amount to a landowner to be non-maintainable. The court held, “The upshot of aforesaid discussion...

Himachal Pradesh Water Cess Revived? PSPCL Says Yes; High Court Stays Coercive Action On ₹16.32 Crore Demand

The Punjab State Power Corporation Limited (PSPCL) has approached the Himachal Pradesh High Court, challenging the constitutional validity of the Himachal Pradesh Land Revenue (Amendment) Ordinance, 2025, the Himachal Pradesh Land Revenue (Special Assessment) Amendment Rules, 2025, and consequential actions, including a demand of ₹16.324 crore raised on the Corporation.Justice Vivek Singh Thakur and Justice Ranjan Sharma on Tuesday, while issuing notice to the State and other respondents,...

Delhi High Court Confirms Order Directing Kannada Film Mask Makers To Remove 'Naguva Nayana' Or Deposit ₹30 Lakh

The Delhi High Court on Wednesday made absolute an earlier ex parte ad-interim injunction in a copyright suit filed by Saregama India Ltd. against Black Madras Films. The suit concerns the unauthorised use of the classic Kannada song Naguva Nayana in the Kannada film Mask. By doing so, a single-judge bench of Justice Tushar Rao Gedela confirmed its earlier direction requiring the makers of Mask to either remove the song from the film before its OTT release or deposit ₹30 lakh with the court as...

Delhi High Court Rules Ilaiyaraaja Cannot License Songs From 134 Films Pending Saregama Copyright Suit

The Delhi High Court on Wednesday made absolute an ad interim injunction restraining composer Ilaiyaraaja from exploiting or licensing music composed for 134 films in a copyright suit filed by Saregama India Limited, claiming ownership over the works.The list includes iconic films such as 'Pallavi Anu Pallavi', '16 Vayathiniley', 'Mullum Malarum', 'Nizhalgal' and 'Moodu', all bearing Ilaiyaraaja's compositions.Justice Tushar Rao Gedela delivered the ruling today, which upheld the ex-parte...

SARFAESI Auction Purchasers Cannot Be Thrown On Streets On Account Of Dispute Between Banks: Bombay High Court

Successful auction purchasers holding a registered sale certificate under the SARFAESI Act cannot be thrown on the streets because of an inter se dispute between two secured creditors, the Bombay High Court held on Tuesday. "The petitioners, who are successful auction purchasers having registered sale certificate in respect of the said flat in their favour and who have been in valid and legal possession of the aforesaid flat for more than eight years, cannot be thrown on the streets, on the...

Pending Criminal Proceedings Even In Life Imprisonment Cases Don't Bar Arbitration: Bombay High Court

The Bombay High Court on Tuesday held that criminal proceedings or allegations of serious offences, even those punishable with life imprisonment, do not by themselves make a dispute unsuitable for arbitration. Before declining to hear such a dispute, an arbitral tribunal must explain how the allegations amount to "serious fraud" with wider public implication Justice Gauri Godse allowed Capalpha Trade Pvt Ltd's appeal and set aside an arbitral tribunal's August 3, 2023 order. The tribunal had...

Bombay High Court Upholds Award Rejecting LPG Distributor's ₹40 Crore Claim Against Reliance Petro

The Bombay High Court has recently upheld an arbitral award rejecting most of an LPG distributor's nearly ₹40 crore damages claim against Reliance Petro Marketing Ltd. It held that the arbitrator's interpretation of the distribution agreements and the evidence on record warranted no interference. Justice Kamal Khata held that the award dated March 25, 2021 was neither vitiated by patent illegality nor contrary to the fundamental policy of Indian law. "Accordingly, this Court is of the...

Bombay HC Protects Bombay Group's Continued Use Of 'Vadilal' Trademark Pending Family Settlement Arbitration

The Bombay High Court has recently granted interim protection to one branch of the Gandhi family behind the Vadilal brand. It restrained Vadilal Industries Ltd., Vadilal International Pvt. Ltd. and other Ahmedabad Group entities from interfering with the Bombay Group's continued use of the "Vadilal" trademark in Maharashtra, Goa, Karnataka, Kerala, Andhra Pradesh and Telangana until arbitration over a family settlement is decided. Justice Amit Borkar held that the Bombay Group had established a...

Malabar Gold Cannot Monopolise 'Malabar'; Kerala High Court Sets Aside Passing Off Finding Against Delhi Jeweller

The Kerala High Court has partly allowed an appeal filed by the proprietor of Delhi-based Malabar Fashion Jewellery, setting aside a trial court's finding that the business had passed off its goods as those of Malabar Gold. It, however, retained the injunction restraining the jeweller from using a deceptively similar trademark and clarified that no exclusive rights can be claimed over the geographical expression "Malabar" by itself. Justice Mohammed Nias C.P. held that Malabar Gold's trademark...

Unit Owners, Not Society, Must Challenge Individual Property Tax Demands: Bombay High Court

The Bombay High Court has held that after the Municipal Corporation of Greater Mumbai (MCGM) issued separate property tax demand notices to individual unit owners, any grievance regarding the assessment, penalty or sewerage tax became an individual dispute. The court held that the appropriate remedy thereafter is the statutory appeal under the Mumbai Municipal Corporation Act. It dismissed writ petitions filed by a commercial premises society and some of its members after finding that MCGM had...