Calcutta High Court
Change Of Opinion Not Enough To Reopen Assessment: Calcutta High Court
The Calcutta High Court on 20 February held that revisional powers under Section 263 of the Income Tax Act, 1961 cannot be invoked merely because the Principal Commissioner holds a different opinion on the nature of income. A Division Bench of Justice Rajarshi Bharadwaj and Justice Uday Kumar, dismissed an appeal filed by the Principal Commissioner of Income Tax, Kolkata, and upheld the order of the Income Tax Appellate Tribunal setting aside revisionary proceedings against Russel Credit...
Calcutta High Court Upholds Commercial Court Order Permitting Fresh Counterclaim After Transfer Of Suit
The Calcutta High Court has recently declined to interfere with a Commercial Court order allowing a defendant to file an additional written statement along with a counterclaim after the suit was transferred to the Commercial Court. The court held that such pleadings can be permitted with the court's leave under the Code of Civil Procedure. Justice Shampa Dutt (Paul) dismissed a civil revision filed by Batliboi Environmental Engineering Limited, observing that “the impugned order in the present...
Arbitral Award Holders Can Seek Interim Protection Until Award Is Fully Satisfied: Calcutta High Court
The Calcutta High Court on 18 February, held that an arbitral award holder is not left remediless after initiating enforcement proceedings and may seek interim protection under Section 9 of the Arbitration and Conciliation Act until the award is fully satisfied. A Division Bench of Justices Sabyasachi Bhattacharyya and Supratim Bhattacharya was hearing an appeal filed by Alok Saraf and others against the EPI Group, challenging a single judge's order dated 10 September 2025, which had refused ad...
Executing Court Does Not Cease To Have Jurisdiction After Allowing Execution Petition: Calcutta High Court
An executing court does not become functus officio merely because it “allows” an execution petition, the Calcutta High Court has held, clarifying that jurisdiction continues until the arbitral award is fully implemented and satisfied.Dismissing an appeal filed by India Media Services Pvt Ltd, a Division Bench of Justice Sabyasachi Bhattacharyya and Justice Supratim Bhattacharya said that allowing the execution case was “merely nominal, contemplating further steps to be taken” and that “it cannot...
Municipal Dues Cannot Be Recovered From Auction Purchaser After IBC Liquidation: Calcutta High Court
The Calcutta High Court has held that once liquidation proceedings commence under the Insolvency and Bankruptcy Code, municipal dues must be dealt with strictly within the framework of the Code and cannot be enforced independently against auction purchasers through contractual clauses such as “as is where is” or “whatever there is." Such clauses generally mean that a buyer takes the property in its existing physical and legal condition, along with all visible defects, risks, and liabilities...
LiveLawBiz Arbitration Cases Weekly Digest : February 9 - February 15, 2026
Nominal Index A2Z Infraservices Ltd & Anr vs Quippo Infrastructure Ltd & Ors 2026 LLBiz SC 60Ankhim Holdings Pvt. Ltd. & Anr. versus Zaveri Construction Pvt. Ltd. 2026 LLBiz SC 53Aggarwal Sons v. Union of India and Others 2026 LLBiz HC (PNH) 8Airports Authority of India v. URC Construction (P) Ltd 2026 LLBiz HC (DEL) 146E-City Real Estates Pvt Ltd & ANR vs IMAX Corporation & Ors 2026 LLBiz SC 22Fresh and Healthy Enterprise Ltd v. Global AgriSystem Pvt Ltd & connected...
Calcutta High Court Refuses To Quash LOC Against Former Elder Pharma Employee In ₹1,300 Crore SFIO Probe
The Calcutta High Court has refused to quash a Look Out Circular issued against Debanjan Hazra, a former employee of Elder Pharmaceuticals now settled in China, in connection with an SFIO probe into the alleged siphoning of Rs 1,300 crore from the company.Justice Krishna Rao delivered the judgment on February 13, 2026 while hearing a writ petition filed by Hazra challenging the LOC dated February 7, 2025. “In view of the above, this Court did not find any justification to set aside or quash the...
Copy Of Arbitration Agreement Sufficient Where Original Not Available: Calcutta High Court
The Calcutta High Court on Thursday held that an application seeking reference to arbitration cannot be rejected merely because the original arbitration agreement or a certified copy is not produced, if the statutory requirements under the Arbitration and Conciliation Act are otherwise satisfied. A Single Bench of Justice Hiranmay Bhattacharyya set aside the orders of the trial court and the first appellate court, which had refused to refer the parties to arbitration. The court observed that...
RBI 2016 MSME Framework Not Absolute Bar To SARFAESI Action Against MSME Borrower: Calcutta High Court
The Calcutta High Court has recently observed that banks are required to examine and keep SARFAESI proceedings in abeyance only if an MSME borrower raises a specific objection with supporting materials and an affidavit asserting its MSME status.The court clarified that the 2016 RBI 'Framework for Revival and Rehabilitation of Micro, Small and Medium Enterprises' does not create an absolute bar on classifying an MSME loan account as NPA or initiating action under the SARFAESI Act.Justice...
Calcutta High Court Sets Aside Rejection Of UPL's Herbicide Patent For Denying Mandatory Hearing
The Calcutta High Court has recently set aside an order of the Controller of Patents rejecting UPL Limited's patent application for a herbicidal combination, holding that the authority committed a “serious procedural infirmity” by denying the company a mandatory hearing under Section 14 of the Patents Act and improperly issuing a composite order in examination and pre-grant opposition proceedings. Allowing the appeal, Justice Ravi Krishan Kapur ruled that examination proceedings under Sections...
Calcutta High Court Sets Aside Order Treating WBIDC As Unsecured Creditor In Eastern Explosives Liquidation
The Calcutta High Court has recently set aside an order of a single judge of the court's original side, which upheld the official liquidator's decision treating the West Bengal Industrial Development Corporation Ltd. (WBIDC) as an unsecured creditor in the liquidation of Eastern Explosives and Chemicals Ltd.The Court held that once charge documents were submitted prior to adjudication of claims, the official liquidator was bound to consider WBIDC as a secured creditor.“A creditor, of a company...
Disputes From Residential Real-Estate Development Can Be Commercial If Profit Oriented: Calcutta High Court
The Calcutta High Court has recently observed that a real estate development agreement can qualify as a commercial dispute even if the project is residential in nature and even if both parties are not engaged in the business.Justice Shampa Sarkar said the agreement, when read as a whole, showed that the property was meant to be commercially exploited. “The cumulative effect of the agreement was that the parties jointly agreed to put the property to commercial use, thereby earning from the...