Calcutta HC Refuses To Stay Single Judge Order In Chrestien Mica Liquidation Case Over Fraud Allegations

The Calcutta High Court has refused to stay a single judge's order that stepped in to undo alleged fraudulent dealings in the decades-old liquidation of Chrestien Mica Industries Ltd., holding that the High Court exercising company jurisdiction retains authority once winding-up proceedings reach an “irreversible stage." A division bench of Justice Sabyasachi Bhattacharyya and Justice Supratim Bhattacharya said the transfer of such cases to the National Company Law Tribunal (NCLT) is permissible...

Calcutta High Court Upholds CEO West Bengal Show Cause Notice In 2024 Lok Sabha Poll Webcasting Contract Dispute

The Calcutta High Court has refused to interfere with a show-cause notice issued to Pho Com Net Pvt Ltd in connection with a Rs. 25.9 crore contract for providing webcasting and live monitoring services during the 2024 Lok Sabha elections, holding that the dispute raised involves contested factual issues not suited for adjudication in writ jurisdiction. Upholding a Single Judge's decision to dismiss the company's writ petition, a Division Bench of Justices Arijit Banerjee and Apurba Sinha Ray...

Calcutta HC Grants Summary Judgment In Commercial Suit After Defendants Forfeit Right To File Written Statement

The Calcutta High Court has held that in a commercial suit where defendants forfeit their right to file a written statement, they cannot set up any defence, and summary judgment can be granted where there is no real prospect of successfully defending the claim.A Bench of Justice Aniruddha Roy decreed a commercial recovery suit in favour of De Converter India Private Limited, directing La Chemico Pvt Ltd and others to pay Rs. 34.62 lakh towards unpaid dues, along with interest at 6% per annum...

Calcutta High Court Flags Prima Facie Fraud In CIRP Against Alchemist Group, Seeks Reports From CBI, ED And SEBI

The Calcutta High Court recently directed the CBI, Enforcement Directorate (ED), and SEBI, which are already examining the affairs of the Alchemist Group amid allegations of running ponzi-style schemes, to file fresh status reports to examine whether the corporate insolvency process (CIRP) was fraudulently initiated. The court also asked them to look into the movement of funds abroad, possible round-tripping through foreign entities, and protection of investor assets. It noted a prima facie...

Section 17 Security In Tribunal Domain, Courts To Interfere Only On Perversity: Calcutta High Court

The Calcutta High Court on 1 April, held that courts can interfere with interim measures granted by an Arbitral Tribunal under Section 17 of the Arbitration and Conciliation Act, 1996 only in cases of perversity or arbitrariness and affirmed that the Tribunal retains discretion to determine the quantum of security. A Bench of Justice Gaurang Kanth dismissed the appeal filed by Saltee Infrastructure Limited and upheld the Arbitrator's order dated 16 May 2025 directing furnishing of security,...

Bombay High Court Refuses To Reject Phoenix ARC's ₹500 Crore Suit Against Future Brands

The Bombay High Court recently refused to reject a suit involving a claim of over Rs 500 crore filed by Phoenix ARC Private Limited against Future Brands Ltd, holding that the requirement of pre-filing mediation will not apply where urgent interim relief is sought. Justice Gauri Godse held that a party cannot be denied access to the court merely because mediation was not completed if urgent protection is required. The court observed: “Hence, in view of the well-settled legal principles,...

Calcutta High Court Quashes ROC-Initiated Criminal Proceedings Against Binani Cements Officials Over Filing Error

The Calcutta High Court on Thursday quashed criminal proceedings initiated by the Registrar of Companies against the Company Secretary and a Director of Binani Cements Ltd. over an error in XBRL filings made with the Registrar, holding that the absence of mens rea and non-compliance with the mandatory procedure under Section 202 CrPC rendered the prosecution unsustainable.Justice Uday Kumar, while dealing with criminal revisional applications filed by Atul Pukhraj Falgunia and Ramkrishna...

No Appeal Lies Against Dismissal Of Contempt Plea Without Punishment: NCLAT

The National Company Law Appellate Tribunal (NCLAT) at Chennai has recently reiterated that an appeal against dismissal of a contempt petition is not maintainable where no punishment has been imposed. The bench of Judicial Member Justice Sharad Kumar Sharma and Technical Member Jatindranath Swain fater examining the Contempt of Courts Act, observed, “Section 19(1) envisages Appeal against only those orders where a punishment has been inflicted for contempt. In the instant case, no...

Calcutta High Court Upholds ₹14.49 Crore Arbitral Award To Sourav Ganguly Against Former Talent Manager

The Calcutta High Court on Thursday dismissed an appeal by Percept Talent Management Ltd., upholding a Rs. 14.49 crore arbitral award in favour of former Indian cricketer Sourav Ganguly and finding that the company had lost its right to terminate a 2003 Player Representation Agreement by waiting too long and continuing to act as his agent. The judgment was delivered on April 16, 2026 by a Division Bench of Justice Debangsu Basak and Justice Md. Shabbar Rashidi. The court also upheld the...

Commercial Arbitration Matters Must Be Heard Only By Commercial Division After 2015 Act: Calcutta High Court

The Calcutta High Court on 9 April held that once a Commercial Division is constituted under the Commercial Courts Act, 2015, non-commercial benches cease to have jurisdiction to decide commercial arbitration matters, and any judgment delivered thereafter is a nullity. A Division Bench of Justices Debangsu Basak and Md. Shabbar Rashidi set aside the orders passed by a Single Judge in 2020 and 2023 in proceedings under Section 34 of the Arbitration and Conciliation Act, 1996, and directed that...

Profits Earned Do Not Negate Damages Claim In Arbitration: Calcutta High Court

On Monday, 13 April, the Calcutta High Court held that earning profits does not, by itself, defeat a claim for damages arising from breach of contract and upheld the arbitral award in favour of Great Eastern Energy Corporation Limited (GEECL) A Division Bench of Justices Arijit Banerjee and Om Narayan Rai dismissed SRMB Srijan Ltd's appeal under Section 37 of the Arbitration and Conciliation Act, clarifying that damages are not limited to actual loss but also include loss of expected or...

Calcutta HC Questions GST Officer's Demand For Personal Appearance When Law Allows Representation Through Counsel

The Calcutta High Court said GST authorities had no basis to insist that a Kanpur-based proprietor appear in person in proceedings over the detention of goods supplied to Maa Kali Traders, especially when the law allows representation through an authorised representative. In an order dated April 7, 2026, Justice Kausik Chanda disposed of a writ petition arising from the detention of a consignment of pan masala and the vehicle carrying it, which had been intercepted while in transit. The Court...