Housing Finance Companies Can't Invoke SARFAESI For Secured Debt Below ₹20 Lakh: Calcutta High Court

The Calcutta High Court has recently held that Tata Capital Housing Finance Ltd. as a housing finance company could not invoke the SARFAESI Act, as the secured debt was below the ₹20 lakh threshold prescribed under a Central Government notification. It accordingly set aside the enforcement measures initiated by the lender.Justice Smita Das De ruled that Tata Capital Housing Finance lacked jurisdiction to invoke the SARFAESI Act in the present case. The court observed, "In view of the above, this...

Sole Proprietor's Family Members Can't Be Held Vicariously Liable U/S 141 NI Act: Calcutta High Court

The Calcutta High Court on 29 July held that vicarious liability under Section 141 of the Negotiable Instruments Act cannot be imposed on family members of a sole proprietor merely by alleging that they are partners of the proprietorship concern. Justice Uday Kumar quashed the criminal proceedings against Prakash Sharma, who was prosecuted under Sections 138 and 141 of the NI Act in connection with the dishonour of two cheques allegedly issued by S.R. Telematics. He held: "Section 141 of the...

Arbitral Tribunal Cannot Compel Production Of Evidence Through Interim Relief Mechanism: Calcutta High Court

The Calcutta High Court has held that an arbitral tribunal cannot use its power to grant interim relief as a mechanism to compel a party to produce evidence. Justice Gaurang Kanth observed that interim powers under Section 17 are meant to protect the subject matter of a dispute, while matters relating to production of evidence are governed by Section 19 of the Arbitration and Conciliation Act, 1996.The judge observed, “Two features of this provision merit immediate attention. First, the powers...

Calcutta High Court Quashes GST Order, Says Notices Uploaded In 'Additional Notices' Tab Not Valid Service

The Calcutta High Court has set aside an ex parte GST adjudication order after holding that the taxpayer was denied a fair opportunity to respond to the show cause notice due to improper service of notices on the GST portal.It observed that the show cause notice, reminder, and adjudication order were uploaded only in the "Additional Notices and Orders" tab of the GST portal and not in the "Normal" tab. Justice Hiranmay Bhattacharyya held that such uploading does not amount to valid...

FSSAI Alone Can Certify Imported Food Safety; Customs Can Sample For Classification: Calcutta High Court

The Calcutta High Court has held that only an authorised officer of the Food Safety and Standards Authority of India (FSSAI) is competent to draw samples of imported food products to determine whether they are safe and fit for human consumption. It clarified that Customs authorities may independently draw samples only for customs purposes such as classification, valuation, duty liability and investigation of possible misdeclaration. Justice Smita Das De held, "In concise, the FSSAI Authorised...

Calcutta High Court Quashes Criminal Case Against Bajaj Finserv MD, Holds Loan Dispute Civil in Nature

The Calcutta High Court has recently quashed criminal proceedings against the Managing Director of Bajaj Finserv and another company official. It held that allegations arising from the restructuring of a personal loan and the recovery of loan dues disclosed a civil dispute rather than criminal offences such as cheating, criminal breach of trust or forgery.Justice Ajoy Kumar Mukherjee held that the complaint did not contain the particulars necessary to sustain the allegation of forgery. The court...

Anchor Agrees Before Calcutta High Court To Drop 'First and Only' Toothpaste Claims In 18-Year Dispute With HUL

Hindustan Unilever Limited (HUL) and Anchor Health and Beauty Care Private Ltd. have settled their 18-year-old commercial disparagement dispute, with Anchor agreeing not to advertise its toothpaste as the "first and only (Sirf)" toothpaste containing Triclosan, Fluoride, and Calcium or as India's "First All-Round Protection Toothpaste." The Calcutta High Court accepted the Terms of Settlement and decreed the suit accordingly.Justice Ananya Bandyopadhyay accepted the Terms of Settlement filed...

Calcutta High Court Upholds GST Order Uploaded A Day After Limitation Expired

The Calcutta High Court has upheld a GST adjudication order even though its summary was uploaded on the common portal a day after the limitation period expired. The court held that the statutory limitation applies to the issuance of the order and not to its subsequent service. Justice Raja Basu Chowdhury dismissed a writ petition filed by M. M. Motors and another challenging an adjudication order for the 2018–19 tax period. The petitioners argued that the adjudication order could not be treated...

IBBI Chairperson Cannot Act As Disciplinary Committee Under IBC: Calcutta High Court

The Calcutta High Court on 16 July held that the Chairperson of the Insolvency and Bankruptcy Board of India (IBBI) cannot act as the Disciplinary Committee under the Insolvency and Bankruptcy Code (IBC), as the Committee can consist only of Whole-Time Members of the IBBI. Justice Shampa Sarkar allowed the petition filed by Sashi Agarwal, an Insolvency Professional, and set aside the IBBI order cancelling his registration under Section 220(2) of the IBC, which empowers the Disciplinary...

Calcutta High Court Upholds Arbitral Award Rejecting ₹205.70 Crore Claims Against KMRCL

The Calcutta High Court on Tuesday dismissed an appeal filed by ITD-ITD CEM Joint Venture and upheld an arbitral award rejecting its claims of about ₹205.70 crore against Kolkata Metro Rail Corporation Ltd (KMRCL). It found no ground to interfere with the tribunal's conclusions or the earlier order refusing to set aside the award. A division bench of Justice Debangsu Basak and Justice Md. Shabbar Rashidi upheld the May 8, 2026 judgment of the Single Judge. It held, "We are of the view that the...

Withdrawal Of Civil Suit Doesn't Extinguish Arbitration Agreement: Calcutta High Court

The Calcutta High Court has held that withdrawal of an earlier civil suit without liberty to institute fresh proceedings does not extinguish the arbitration agreement or bar a subsequent petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 for constitution of an arbitral tribunal. In doing so, the Court distinguished the Supreme Court's decision in HPCL Bio-Fuels Ltd. v. Shahaji Bhanudas Bhad, which involved the unconditional withdrawal of an earlier Section 11...

Summary Judgment In Commercial Suits Doesn't Require Defendant's Admissions Of Material Facts: Calcutta HC

The Calcutta High Court has held that a Commercial Court can grant summary judgment without requiring admissions of material facts by the defendant, unlike a judgment on admissions, which is founded on such admissions. A division bench of Justices Debangsu Basak and Md. Shabbar Rashidi made the observation while dismissing an appeal filed by Xclusive Inn Pvt Ltd against a decree directing its eviction from commercial premises. "Scope and area of operation of Order XII Rule 6 and Order XIIIA of...