NCLT Consent Order Does Not Bar Appeal Against Unconsented Penalty: Kerala High Court

The Kerala High Court on 10 June held that even where an order of the National Company Law Tribunal (NCLT) is recorded as a consent order, a party may still challenge a penal condition before the appellate tribunal if it was not specifically consented to. Justice Harisankar V. Menon disposed of a writ petition filed by Gramox Paper & Boards (P) Ltd and its authorised representative, granting them liberty to challenge an NCLT Kochi Bench order before the National Company Law Appellate...

Kerala High Court Dismisses Federal Bank's Plea Against ED Attachment Of Mortgaged Property, Points To PMLA Court

The Kerala High Court has dismissed a writ petition filed by Federal Bank challenging the Enforcement Directorate's attachment of a mortgaged property. The court held that since the attachment had already been confirmed by the Adjudicating Authority under the Prevention of Money Laundering Act (PMLA), the bank's remedy was to approach the Special Court dealing with PMLA cases. Justice P.V. Balakrishnan observed, “Admittedly, the attachment effected by the respondent, has been confirmed by the...

Delhi High Court Issues Notice On Plea Seeking Extension Of GSTAT Appeal Deadline, Refuses Interim Relief

The Delhi High Court on Wednesday issued notice on a plea filed by the GST Appellate Tribunal (GSTAT) Bar Association, Delhi, challenging the June 30, 2026 deadline for filing appeals before the GSTAT in respect of orders communicated prior to April 1, 2026 and seeking extension of the filing period by at least three months from June 15, 2026, when the e-filing procedure was formally explained to stakeholders.However, the court declined to grant any interim relief at this stage. A vacation bench...

MP High Court Appoints Arbitrator, Says Party Cannot Oppose Arbitration After Conceding To It In Similar Disputes

The Madhya Pradesh High Court has held that a party cannot "blow hot and cold" on arbitration by opposing arbitral reference after having accepted or relied on arbitration in similar disputes arising from the same agreement. The court consequently appointed a sole arbitrator to resolve a dispute over the valuation of shares following a proposed exit from a shareholders' agreement. Justice Deepak Khot passed the order in a dispute between JVS Foods Pvt. Ltd. and M.P. State Agro Industries...

Not-Producing Power Of Attorney Is A Curable Defect, Cannot Terminate Arbitration: Gujarat High Court

On 22 June, the Gujarat High Court held that non-production of a Power of Attorney in arbitral proceedings is a curable procedural defect and cannot, by itself, justify rejection of a claim or termination of arbitration proceedings. Justice Niral R. Mehta allowed a writ petition filed by a homebuyer and set aside an arbitral tribunal's order rejecting his claim against Shalin Infrastructure, restoring the arbitral proceedings. The Bench observed: “The jurisdiction vested in an arbitral...

RERA Cannot Demand 25-Year-Old Cooperative Society Records For Project Registration: Madhya Pradesh High Court

The Madhya Pradesh High Court recently has held that MP-RERA could not reject a real estate project registration application for non-production of a cooperative society's 25-year-old internal records when registered title documents and revenue records had already been produced. A division bench of Acting Chief Justice Vivek Rusia and Justice Pradeep Mittal dismissed MP-RERA's appeal and upheld an earlier order directing the authority to process the registration application filed by Shri Ji...

Developer's Insolvency Cannot Block Housing Society's Bid For Conveyance Of Land And Building: Bombay High Court

A housing society's application for deemed conveyance of land and building cannot be put on hold merely because insolvency proceedings are pending against a developer, the Bombay High Court has held. The court ruled that a moratorium under the Insolvency and Bankruptcy Code (IBC) does not prevent authorities from deciding such applications under the Maharashtra Ownership Flats Act (MOFA). Justice Sandeep V. Marne set aside an order that had rejected a deemed conveyance application filed by...

Reassessment Notice Not Invalid Merely Because Reply Period Extends Beyond Limitation: Delhi High Court

The Delhi High Court has held that a notice issued under Section 148A(b) of the Income Tax Act does not become invalid merely because the minimum seven-day period granted to an assessee for filing a reply extends beyond the limitation period prescribed for issuance of reassessment notices. A Division Bench of Justices Dinesh Mehta and Vinod Kumar observed that Parliament consciously provided for exclusion of the time granted to an assessee for filing a reply while computing limitation under...

National Biodiversity Authority Approval Has No Bearing On Patentability: Delhi High Court

The Delhi High Court has held that approval granted by the National Biodiversity Authority under biodiversity laws for pursuing intellectual property rights does not determine whether an invention qualifies for patent protection. The court dismissed Shaafi Naturcure LLP's challenge to the rejection of its patent application for a six-herb asthma treatment. Justice Tushar Rao Gedela dismissed the firm's appeal against a 2020 order of the Assistant Controller of Patents and Designs. The order...

Time Granted To Assessee For Reply Must Be Excluded While Computing Reassessment Limitation: Delhi High Court

The Delhi High Court has reiterated that while computing the limitation period for reassessment proceedings under the Income Tax Act, the time granted to an assessee to respond to a notice issued under Section 148A(b) must be excluded in terms of the fifth and sixth provisos to Section 149. Applying this principle, the Division Bench of Justices Dinesh Mehta and Vinod Kumar dismissed a writ petition challenging reassessment proceedings as time-barred, holding that the order passed under Section...

Delhi High Court Temporarily Restrains Use Of 'Godfather' Mark For The Glenwalk Whisky Endorsed By Sanjay Dutt

The Delhi High Court has temporarily restrained the makers of The Glenwalk whisky from using the mark "GODFATHER" for their proposed whisky product endorsed by actor Sanjay Dutt. The court held that the prominent use of the word was deceptively similar to the long-standing trademark owned by Devans Modern Breweries. Justice Tushar Rao Gedela passed the interim order. He directed Cartel Bros. Pvt. Ltd. to immediately remove advertisements, listings and social media content carrying the mark...

Challenge To Rejected Jurisdiction Objection Must Ordinarily Await Arbitral Award: Karnataka High Court

The Karnataka High Court has recently held that an order rejecting a jurisdictional objection by an arbitral tribunal cannot ordinarily be challenged through a writ petition while arbitral proceedings are pending. Such a challenge must ordinarily await the arbitral award stage. Justice Suraj Govindaraj delivered the ruling while declining to interfere with an order of a sole arbitrator who had rejected a challenge to the tribunal's jurisdiction in a dispute arising from an Agreement of Sale. ...