Himachal Pradesh HC Quashes Cheque Bounce Case Against Society Signatory, Directs Society Impleadment

The Himachal Pradesh High Court has held that an authorised signatory of a society cannot be prosecuted under Section 138 of the Negotiable Instruments Act for dishonour of a cheque issued from the society's account unless the society itself is arraigned as an accused. Justice Sandeep Sharma quashed a complaint filed by Kuldeep Singh against Parveen Rajput, holding that a complaint against an authorised signatory alone is not maintainable when a cheque is issued on behalf of a society that has...

'Security Cheque' Not Statutorily Defined, Not Exempt From Cheque Bounce Proceedings: Himachal Pradesh HC

The Himachal Pradesh High Court has refused to quash cheque dishonour proceedings at the threshold in a case where the accused claimed the dishonoured cheque had been issued only as security. Justice Sandeep Sharma said a cheque described as a “security cheque” is not automatically excluded from cheque dishonour proceedings. “Needless to say, expression “Security Cheque” is not a statutorily defined expression in the Negotiable Instruments Act, rather same is to be inferred from the pleadings...

Extension Of Arbitral Mandate Requires Sufficient Cause, Wife's Illness Not Enough: Himachal Pradesh HC

The Himachal Pradesh High Court on 20 May held that an application under Section 29A of the Arbitration and Conciliation Act, 1996 seeking extension of time is maintainable even after expiry of the arbitral mandate, but such extension can be granted only on proof of “sufficient cause”, consistent with the legislative objective of expeditious arbitral resolution. A Bench of Justice Virender Singh dismissed a plea filed by landowner Rajender Kumar seeking extension of time to complete arbitral...

Himachal Pradesh HC Refuses To Throw Out Swiss Company's Patent Suit Against Indian Wire Mesh Manufacturer

The Himachal Pradesh High Court has refused to throw out a patent infringement suit filed by Swiss company Geobrugg AG against Indian manufacturer Techfab (India) Industries Limited. The suit alleges that Techfab infringed its patented wire mesh technology used to protect against rockfalls, landslides, and avalanches. Justice Sandeep Sharma rejected Techfab's plea seeking dismissal of the suit at the threshold. Techfab had argued that the case was filed in the wrong court, that the buyer of the...

Himachal Pradesh HC Says State Waived Arbitration Bid After Contesting L&T's Hydro Power Dispute For Seven Years

The Himachal Pradesh High Court has refused to send the ₹84 crore dispute between L&T Himachal Hydro Power Limited and the State government over the Reoli-Dugli hydropower project to arbitration. The court held that the State waited too long to seek that remedy after contesting the writ petitions for more than seven years. “As already noticed above, after the amendment carried out in the Act in the year 2015, if the party applies not later than date of submitting the first statement on the...

Himachal Pradesh HC Refuses To Stay IIT Mandi's Campus School Agreement Termination With Learning Curve Trust

The Himachal Pradesh High Court has refused interim relief to The Learning Curve Educational Trust, which sought a stay on the termination of its agreement to run a campus school at IIT Mandi. The court held that, in the facts of the case, a party that failed to challenge a termination notice for nearly two years could not seek protection under Section 9 of the Arbitration and Conciliation Act, 1996. Justice Ajay Mohan Goel observed that the Trust had “slept over the matter” and failed to...

Himachal Pradesh High Court Sets Aside “Incomprehensible” Single Judge Order Modifying Arbitral Award

The Himachal Pradesh High Court has set aside a Single Judge's order modifying an arbitral award in a dispute over the supply of Anganwadi kits, holding that the judgment was incomprehensible and lacked clear reasoning. The court remanded the matter for fresh adjudication. The Bench of Chief Justice G.S. Sandhawalia and Justice Bipin Chander Negi emphasised the need for clarity in judicial writing. It observed, “A judgment culminates in a conclusion. Its contents represent the basis for...

Himachal Pradesh High Court Quashes Distillery Licence Cancellation Over Lack Of Independent Application of Mind

The Himachal Pradesh High Court set aside the cancellation of distillery licences, holding that the decision was influenced by an unauthorised recommendation and lacked independent application of mind. It permitted fresh adjudication by the competent authority. Justice Jyotsna Rewal Dua was dealing with a writ petition filed by a distillery licensee (Tiloksons Brewery & Distillery) challenging cancellation of its licences in Forms D-2 and L-11 under the Himachal Pradesh Excise Act, 2011.The...

Himachal Pradesh High Court Stays Further Arbitration Over Construction Project At IIT Mandi

The Himachal Pradesh High Court has held that further proceedings in an ongoing arbitration concerning a construction project involving the Indian Institute of Technology (IIT) Mandi and the Central Public Works Department (CPWD) shall remain stayed while it examines IIT Mandi's plea to be impleaded in the dispute arising from an arbitral award of Rs 3,79,52,929. The matter was heard on March 16, 2026, by a Division Bench of Chief Justice G.S. Sandhawalia and Justice Bipin C. Negi. The dispute...

Deposit Of Arbitral Award Amount In Court Stops Post-Award Interest: Himachal Pradesh High Court

The Himachal Pradesh High Court on 5 March held that deposit of the entire arbitral award amount in the court registry amounts to payment to the decree-holder, and liability to pay post-award interest ceases from the date of deposit. A Bench of Justice Romesh Verma set aside an execution order against the Himachal Pradesh Power Corporation Ltd. (HPPCL) in its dispute with Arvind Kumar Bansal. He held: “the deposit of award amount in the Court amounts to payment to the credit of the decree...

No Statutory Mechanism To Revise GST Return For ITC: HP High Court Allows Manual Filing Of Monthly Return

In the absence of any statutory mechanism under the GST law to revise or correct GSTR-3B, the monthly GST return used to declare tax liability and claim Input Tax Credit, a taxpayer cannot be left without a remedy for a bona fide mistake, the Himachal Pradesh High Court has held. A division bench of Justices Vivek Singh Thakur and Romesh Verma allowed a registered taxpayer to file the GSTR-3B return manually for the quarter ending March 2021 so that its unclaimed Input Tax Credit (ITC) could be...

Himachal Pradesh High Court Quashes ₹16.72 Lakh GST Input Tax Credit Demand After Tax Is Paid

The Himachal Pradesh High Court has quashed a tax demand of Rs 16.72 lakh raised against Shivalik Containers Pvt. Ltd. for the alleged wrongful availment of Input Tax Credit (ITC).The court held that the subsequent payment of tax along with interest by the supplier cannot be ignored while examining the sustainability of a demand raised against the recipient, even if such compliance takes place after a delay of more than five years. A Division Bench of Justice Vivek Singh Thakur and Justice Jiya...