RERA Redevelopment Registration Exemption Applies Only If Original Project Didn't Need Registration: Kerala High Court

The Kerala High Court has held that the exemption from registration available for renovation, repair or redevelopment projects under the Real Estate (Regulation and Development) Act, 2016 cannot be claimed where the original project itself was required to be registered under the law. Dismissing a batch of writ petitions filed by the Army Welfare Housing Organisation (AWHO) and its Project Director, the court upheld interim orders of the Kerala Real Estate Regulatory Authority (K-RERA). The...

RBI Ombudsman Cannot Reject Complaints Through Unsigned Emails, Must Give Reasons: Kerala High Court

The Kerala High Court has held that the RBI Ombudsman cannot dismiss complaints through unsigned, system-generated communications that contain no reasons, observing that orders affecting the rights of parties must disclose the basis for the conclusions reached. Justice Bechu Kurian Thomas delivered the judgment while setting aside a communication issued by the RBI Ombudsman rejecting a complaint filed by Unique Enterprises and its partner against Kotak Mahindra Bank. “In the absence of...

Kerala High Court Sets Aside One-Line Dismissal Of Cheque Dishonour Appeal, Calls It 'Shocking'

On 17 June, the Kerala High Court set aside an appellate court order that had dismissed a cheque dishonour appeal for default, holding that courts cannot dispose of criminal appeals against conviction mechanically merely because the appellant or counsel remains absent. Justice A. Badharudeen held that an appellate court must independently re-appreciate the evidence and pass a reasoned judgment while deciding an appeal against conviction and sentence. He held: “…a judgment in a criminal case,...

NTA Committee's Approval Not Needed Before SARFAESI Action Against Property Of Person With Disability: Kerala HC

The Kerala High Court has held that a secured creditor proceeding under the SARFAESI Act is not required to obtain prior permission from the Local Level Committee constituted under the National Trust Act before proceeding against property in which a ward (a person with specified disabilities) has an interest. Justice P.V. Balakrishnan made the observation while dismissing a writ petition challenging SARFAESI proceedings initiated by Canara Bank against secured assets in which the second...

Cheque Bounce Cases Cannot Be Allowed To Degenerate Into 'Interminable Litigation': Kerala High Court

The Kerala High Court has observed that proceedings in cheque dishonour cases cannot be allowed to "degenerate into interminable litigation", while dealing with a complaint instituted in 2004 that remained pending for more than two decades. Justice C.S. Dias made the observation while dismissing a petition filed by the accused seeking to stay and quash the prosecution and directing the Trial Court to dispose of the complaint within two months. “The object of Chapter XVII of the Negotiable...

Kerala HC Stays NH 66 Compensation Arbitration, Prima Facie Questions District Collector's Eligibility As Arbitrator

The Kerala High Court has recently stayed an order of the Ernakulam District Collector and directed that arbitration proceedings concerning compensation for land acquired for the widening of National Highway 66 remain in abeyance. The court found that the landowner had made out a strong prima facie case in challenging the Collector's continuation as arbitrator in the dispute. Justice C. Jayachandran passed the interim order while considering a writ petition filed by a landowner whose...

Presiding Arbitrator Has No Noteworthy Superior Role Over Other Arbitrators Except On Procedure: Kerala HC

The Kerala High Court on Friday observed that a presiding arbitrator has no noteworthy superior role over the other members of an arbitral tribunal except in matters of procedure where authorised by the parties or the tribunal. Justice S. Manu observed, “It is clear from the arbitration clause that the third arbitrator nominated by the two arbitrators chosen by the parties shall preside the tribunal. The learned counsel for the petitioner is correct in contending that the presiding...

Commercial Courts Act's 120-Day Written Statement Limit Inapplicable To Admiralty Suits: Kerala High Court

The Kerala High Court has condoned a 135-day delay in filing a written statement in an Admiralty Suit. The Court held that the mandatory 120-day deadline prescribed for commercial disputes does not govern proceedings under the Admiralty Act, 2017. The Court reached this conclusion even though disputes relating to admiralty and maritime law are categorised as commercial disputes under the Commercial Courts Act. Justice M.A. Abdul Hakhim held that Admiralty Suits are governed by the original...

Notice Returned As 'Unclaimed' At Correct Address Suffices For Deemed Service: Kerala High Court

A cheque demand notice returned with the postal endorsement "unclaimed" is sufficient to satisfy the statutory requirement of notice in a cheque dishonour case, the Kerala High Court has held. Justice A Badharudeen, allowing an appeal against an acquittal recorded by a magistrate's court in Kozhikode, held that when a demand notice is issued to the drawer's correct address, its return with the endorsement "unclaimed" would amount to deemed acceptance unless the accused proves otherwise. The...

Kerala High Court Dismisses Appeal Seeking CBI, ED, NIA Probe Into Byju's Insolvency

The Kerala High Court on Friday dismissed an appeal against a single judge's order refusing to direct a Central Bureau of Investigation (CBI), Enforcement Directorate (ED), and National Investigation Agency (NIA) probe into alleged irregularities in the insolvency proceedings of Think and Learn Private Limited (Byju's). A division bench of Justice K Natarajan and Justice Johnson John held that the petitioners had already approached the Bengaluru police on the same allegations. The resulting...

NCLT Cannot Refuse Additional Objections Solely For Want Of Express Provision In IBC: Kerala High Court

The Kerala High Court has held that the National Company Law Tribunal (NCLT) can permit additional objections in insolvency proceedings. It cannot reject such requests on the ground that there is no provision under the Insolvency and Bankruptcy Code or the NCLT Rules to entertain them. Justice Harisankar V. Menon made the observation while allowing a petition filed by BPL Limited. The Court set aside an order of the NCLT, Kochi Bench, which had refused to entertain the company's additional...

Kerala High Court Declines To Stay Lakshya IPO, Cites Alternate Remedy Before SAT

The Kerala High Court on Thursday declined to stay the proposed Initial Public Offering (IPO) of Learnfluence Education Limited, the company operating the Lakshya Indian Institute of Commerce coaching platform. The Court held that the former promoter challenging the issue has an alternative statutory remedy before the Securities Appellate Tribunal (SAT). Justice Harishankar V. Menon passed the order on a writ petition filed by Adheesh Damodaran, a co-founder of Lakshya CA Campus and...