Officers Representing Union Of India Cannot Independently Challenge Award: Chhattisgarh High Court

The Chhattisgarh High Court on 10 August held that officers or representatives appearing for the Union of India in arbitral proceedings cannot independently challenge an arbitral award under Section 34 of the Arbitration and Conciliation Act, 1996, merely because they represented the Union during the proceedings. A Division Bench of Chief Justice Ramesh Sinha and Justice Ravindra Kumar Agrawal dismissed an appeal filed by officers of the South East Central Railway, holding that where an...

Delay In Filing Certificate Not Ground To Deny Property Tax Exemption To School: Chhattisgarh High Court

The Chhattisgarh High Court on 31 July held that a municipal authority cannot reject a property tax exemption claim merely because a school did not submit its Section 12AA registration certificate under the Income Tax Act, 1961 (which grants tax exemption to charitable institutions) along with its initial self assessment or representation.Justice Parth Prateem Sahu disposed of the writ petition filed by Riverdale World School, which challenged a demand notice seeking recovery of Rs. 30,808...

Chhattisgarh HC Says Fraud Claims Need Trial Despite Arbitration Clause, Allows Sierra Takeover Dispute

On 29 July, the Chhattisgarh High Court held that the existence of an arbitration agreement does not bar criminal prosecution where the allegations prima facie disclose cognizable offences, and that allegations of fraud, concealment of liabilities and fabricated Board resolutions cannot be treated as a mere contractual dispute but must be tested at trial after appreciation of evidence. A Division Bench of Chief Justice Ramesh Sinha and Justice Ravindra Kumar Agrawal dismissed a petition seeking...

Chhattisgarh High Court Restores ABB In Arbitration Appeals After Hitachi Challenges Substitution Order

The Chhattisgarh High Court has restored multinational engineering company ABB Ltd. as a party to two pending arbitration appeals after Hitachi Energy India Ltd. challenged an earlier order substituting it in ABB's place. The court held that ABB could not be discharged from the proceedings merely on its own assertion that liability in the pending appeals had transferred to Hitachi under a National Company Law Tribunal-approved Scheme of Arrangement.Justice Naresh Kumar Chandravanshi held that...

Technical Jurisdiction Objections Cannot Defeat Merits Of Commercial Disputes Chhattisgarh High Court

The Chhattisgarh High Court on 2 July held that a party cannot defeat adjudication of a commercial dispute on merits by raising a technical objection that it filed a Section 34 application under the Arbitration and Conciliation Act, 1996 before a court without pecuniary jurisdiction. Justice Ravindra Kumar Agrawal dismissed a writ petition filed by Gulab Chand Jain challenging the transfer of the Municipal Corporation, Raipur's challenge to an arbitral award directing it to pay Rs. 2.32 crore...

Bank's Failure To Inform Borrower Of Insurance Rejection Is Deficiency In Service: Chhattisgarh High Court

The Chhattisgarh High Court on 25 June held that a bank which facilitates insurance under a loan-linked group insurance scheme must inform the borrower of rejection of the insurance proposal, and failure to do so constitutes deficiency in service. A Bench of Justice Ravindra Kumar Agrawal dismissed a petition filed by State Bank of India under Article 227 of the Constitution and affirmed the orders passed by the District, State and National Consumer Commissions. He observed: “Once the...

'Personal Preference Not Medical Necessity': Chhattisgarh High Court Refuses PMLA Accused's UAE Travel Plea

The Chhattisgarh High Court has recently observed that "personal preference cannot be equated with absolute medical necessity" while refusing to allow a businessman accused in a money laundering case to travel to Abu Dhabi for treatment. It held that an accused cannot insist on treatment in a foreign country when equivalent medical care is readily available in India. Justice Narendra Kumar Vyas upheld a special court's order rejecting Sunil Kumar Agrawal's request to travel to the UAE for KKT...

BOCW Cess Dispute Not Arbitrable, Must Be Decided Under Statutory Mechanism: Chhattisgarh High Court

The Chhattisgarh High Court on 13 May, refused to appoint an arbitrator in a dispute between SK Samanta and Co. (P) Ltd. and South Eastern Coalfields Ltd. (SECL), holding that issues relating to statutory cess under the Building and Other Construction Workers' Welfare Cess Act, 1996 (BOCW Cess Act) are non-arbitrable. Chief Justice Ramesh Sinha held that the dispute arose from statutory levy and not a purely contractual arrangement, and therefore did not fall within the scope of arbitration...

Commercial Court Cannot Hear Challenge To Railways Land Acquisition Award: Chhattisgarh High Court

On 14 May, the Chhattisgarh High Court held that disputes arising from land acquisition proceedings under the Railways Act do not fall within the definition of a “commercial dispute” under Section 2(1)(c) of the Commercial Courts Act, 2015, and therefore cannot be adjudicated by a Commercial Court. A Division Bench of Justices Parth Prateem Sahu and Sachin Singh Rajput allowed an appeal filed by Sagarmal Agrawal, set aside an order of the Commercial Court, Bilaspur, holding that it lacked...

Chhattisgarh High Court Upholds ED Attachment Of Properties Linked To Former IAS Officer In Coal Levy Scam

The Chhattisgarh High Court has recently upheld the attachment of properties worth about Rs.5.52 crore linked to former IAS officer Ranu Sahu and her family members in a money laundering case arising out of the alleged coal levy scam, affirming action taken by the Directorate of Enforcement (ED). A Division Bench of Chief Justice Ramesh Sinha and Justice Ravindra Kumar Agrawal dismissed a batch of appeals filed by Sahu and her relatives challenging the October 16, 2025 order of the PMLA...

Dispute Does Not Become Commercial Just Because It Is An Arbitration Matter: Chhattisgarh High Court

The Chhattisgarh High Court has recently held that a dispute does not become a “commercial dispute” merely because it arises out of arbitration, setting aside the transfer of a land acquisition compensation challenge to a Commercial Court. A Division Bench of Justice Sanjay K. Agrawal and Justice Sachin Singh Rajput observed that "A dispute will not become a commercial dispute merely because it is an arbitration matter and and jurisdiction in respect with an arbitration matter has been dealt...

Limitation Act Not Applicable To Homebuyer Complaints Before RERA: Chhattisgarh High Court

The High Court of Chhattisgarh has recently held that complaints filed under Section 31 of the Real Estate (Regulation and Development) Act, 2016, before the Real Estate Regulatory Authority (RERA) or its Adjudicating Officer are not subject to the three-year limitation period prescribed under Article 137 of the Limitation Act, 1963. Setting aside a tribunal's suo motu order that had dismissed a homebuyer, Nidhi Sao's complaint as time-barred, the court remanded the matter for fresh...