Calcutta High Court Upholds Single Judge's Modification Of Arbitral Award In UltraTech-Mintech Dispute

The Calcutta High Court on 16 March dismissed cross appeals filed by Mintech Global Pvt Ltd and UltraTech Cement Ltd, upholding a Single Judge's order that partly modified an arbitral award arising from a commercial contract related to cement manufacturing. A Division Bench of Justices Debangsu Basak and Md. Shabbar Rashidi held that the Single Judge's conclusions on the interest rate and the limited scope of jurisdiction under Section 34 of the Arbitration and Conciliation Act, 1996, warranted...

Judgment On Admission Under CPC Requires Clear Admission Of Transaction And Amount Of Liability: Calcutta High Court

The Calcutta High Court has recently held that a court can grant a decree on admission under Order XII Rule 6 CPC only when the defendant clearly admits both the transaction and the amount due, observing that the rule must be applied strictly. Holding that mere acknowledgement of transactions is insufficient unless the specific amount payable is admitted, the court granted a Rs 12 lakh decree on admission to Skipper Limited in its commercial dispute with Prabha Infrastructure Private Limited,...

Plaint Cannot Be Read So As To Bypass Pre-Institution Mediation Under Commercial Courts Act: Calcutta High Court

The Calcutta High Court has held that a plaint cannot be framed so as to bypass the mandatory pre-institution mediation requirement under Section 12A of the Commercial Courts Act. The court made the observation while allowing an appeal in a case where a suit relating to a commercial dispute had been filed in the non-commercial division and while considering rejection of the plaint under Order 7 Rule 11 of the Code of Civil Procedure. “Section 12A of the Act of 2015 has mandated preinstitution...

'Purported Award' Can Be Challenged Under Section 34 Of Arbitration Act: Calcutta High Court

The Calcutta High Court on Friday held that the scope of challenge under Section 34 of the Arbitration and Conciliation Act, 1996 extends beyond existing awards to include a “purported award” where the very existence of the award is in dispute. A Single Bench of Justice Sabyasachi Bhattacharyya set aside two alleged arbitral awards relied upon by Roadwings International Private Limited in its dispute with SREI Equipment Finance Limited, holding that only photocopies of the awards were produced...

Calcutta High Court Dismisses Contractor's Appeal In Arbitration Dispute Over Kolkata East-West Metro Tunneling Accident

The Calcutta High Court recently dismissed an appeal filed by a contractor, affirming a single judge's decision that had set aside an arbitral award arising out of the 2019 Kolkata East-West Metro tunnel accident. A Division Bench of Justice Debangsu Basak and Justice Md. Shabbar Rashidi held that the arbitral tribunal committed patent illegality by discarding expert evidence on the basis of its own technical assumptions drawn from personal expertise rather than material on record. The bench...

Calcutta High Court Sets Aside Order Restraining IIBI From Redemption Of ₹221.08 Crore Preference Shares At 20% Value

The Calcutta High Court on March 12 allowed an appeal filed by Industrial Investment Bank of India Limited (IIBI). The court set aside a single judge's order that had confirmed an interim direction requiring the bank to set apart properties worth Rs 2 crore in a dispute relating to a resolution adopted in its 13th Annual General Meeting regarding redemption of preference shares. While allowing IIBI's appeal, the Division Bench of Justices Debangsu Basak and Md. Shabbar Rashidi observed: ...

Court Deciding Plea To Extend Arbitral Tribunal Mandate Concerned Only With Extension, Not Merits: Calcutta High Court

The Calcutta High Court has held that while exercising jurisdiction to extend the mandate of an arbitral tribunal under Section 29A of the Arbitration Act, the court is concerned only with whether extension of time is warranted and cannot examine the merits of issues pending before the tribunal.While deciding a petition filed by UGRO Capital Ltd seeking extension of the mandate of a sole arbitrator in a dispute with Vallabh Metal Industries, Justice Gaurang Kanth observed:“In any event, while...

Dispute With Composite Cause Of Action Against Multiple Parties Not Arbitrable: Calcutta High Court

The Calcutta High Court on 6 March refused to refer a commercial dispute between Tirupati Vancom Pvt. Ltd. and others to arbitration, as the suit involved several defendants. Justice Aniruddha Roy dismissed an application under Section 8 of the Arbitration and Conciliation Act, 1996, observing that where the cause of action and reliefs are inseparably connected, a dispute cannot be split and referred to arbitration even if an arbitration clause exists between some of the parties. He...

Graphical User Interfaces Not Automatically Excluded From Registration Under Designs Act: Calcutta High Court

The Calcutta High Court on Monday held that Graphical User Interfaces (GUIs) are not automatically excluded from protection under the Designs Act and may qualify as registrable designs if they satisfy the statutory requirements. A GUI is the visual interface of a digital device or software that allows users to interact with it through icons, buttons and menus instead of typing text commands. A single bench of Justice Ravi Krishan Kapur ruled that the Controller of Designs had adopted an...

Groundless Threat Suit Over Trademark Infringement Cannot Continue Once Infringement Case Is Filed: Calcutta High Court

The Calcutta High Court has recently observed that once the proprietor of a trademark or copyright institutes an infringement suit with due diligence, the cause of action in a suit alleging groundless threats automatically extinguishes.On January 30, 2026, Justice Ravi Krishan Kapur dismissed a 'threat suit' filed by Neelam Gupta against Esme Consumer Private Limited because the company had, subsequent to the filing of the suit, commenced a formal infringement action in a Delhi court. Under...

Calcutta High Court Protects 'SWASTIK' Rice Label Against Deceptive Packaging By Competitor

The Calcutta High Court has decreed a suit in favour of Jay Baba Bakreswar Rice Mill Private Limited against an individual, Deepak Kumar Barnwal, over the use of the “SWASTIK” label mark for rice products. Justice Ravi Krishan Kapur observed that the respondent's packaging was “strikingly similar and deceptively identical” to that of the petitioner and held that the rival marks appeared to be identical. Jay Baba Bakreswar Rice Mill told the court that it is engaged in the manufacture and sale...

Arbitration Not Available Under WB Premises Requisition Act After Requisition Lapses: Calcutta High Court

The Calcutta High Court has recently refused to appoint an Arbitrator to determine compensation for the period from April 1, 1992 to January 12, 2023, during which the Kolkata Municipal Corporation (KMC) continued to occupy a private property after expiry of requisition, holding that once the requisition ended, the statutory arbitration mechanism under the West Bengal Premises Requisition and Control (Temporary Provision) Act, 1947, could no longer be invoked. Dismissing the writ petition,...