MP High Court Sets Aside Deletion Of J.P. Structures From Jindal Steel's Trademark Infringement Suit

The Madhya Pradesh High Court on 1 July set aside an order of the Commercial Court, Bhopal, which had deleted a construction contractor from Jindal Steel and Power Limited's trademark infringement suit over the alleged use of counterfeit TMT rebars bearing the “JINDAL TMT” mark in the construction of a Government Medical College project. A Division Bench of Acting Chief Justice Vivek Rusia and Justice Pradeep Mittal allowed the appeals filed against J.P. Structures Private Limited and Others,...

RERA Cannot Treat Temple Deity and Registered Trust As Separate Entities: Madhya Pradesh High Court

The Madhya Pradesh High Court has upheld an order directing registration of a residential-cum-commercial project proposed by Shankar Ji Maharaj Trust after ruling that the Real Estate Regulatory Authority (RERA) could not reject the application by treating the temple deity and the registered public trust managing the temple's affairs as separate entities. A division bench of acting Chief Justice Vivek Rusia and Justice Pradeep Mittal upheld the Madhya Pradesh Real Estate Appellate Tribunal's...

Madhya Pradesh High Court Upholds Tax On Soya Flour, Holds It Not Covered Under Exempt 'Atta' Category

The Madhya Pradesh High Court on 30 June upheld the orders of commercial tax authorities imposing Central Sales Tax on interstate sales of soya flour, holding that the product does not qualify as exempt “atta” under the relevant exemption notification. A Division Bench of Acting Chief Justice Vivek Rusia and Justice Pradeep Mittal dismissed the writ petition filed by Sonali Soya Pvt. Ltd. & Ors. and affirmed the tax demand raised against the petitioners. The judges held:“The Soya Flour...

Bona Fide Dispute Over Liability Bars Winding Up Proceedings: Madhya Pradesh High Court

The Madhya Pradesh High Court at Gwalior on 22 June held that a bona fide dispute over the rate of goods supplied to a company bars initiation of winding-up proceedings under Sections 433(e), 434(1)(a) and 439(1)(d) of the Companies Act, 1956. Justice Ashish Shroti dismissed a company petition filed by Mahavir Enterprises against Gwalior Sugar Company Ltd., finding that the claim involved disputed questions of fact regarding the applicable rates and outstanding liability. He observed: ...

MP High Court Appoints Arbitrator, Says Party Cannot Oppose Arbitration After Conceding To It In Similar Disputes

The Madhya Pradesh High Court has held that a party cannot "blow hot and cold" on arbitration by opposing arbitral reference after having accepted or relied on arbitration in similar disputes arising from the same agreement. The court consequently appointed a sole arbitrator to resolve a dispute over the valuation of shares following a proposed exit from a shareholders' agreement. Justice Deepak Khot passed the order in a dispute between JVS Foods Pvt. Ltd. and M.P. State Agro Industries...

RERA Cannot Demand 25-Year-Old Cooperative Society Records For Project Registration: Madhya Pradesh High Court

The Madhya Pradesh High Court recently has held that MP-RERA could not reject a real estate project registration application for non-production of a cooperative society's 25-year-old internal records when registered title documents and revenue records had already been produced. A division bench of Acting Chief Justice Vivek Rusia and Justice Pradeep Mittal dismissed MP-RERA's appeal and upheld an earlier order directing the authority to process the registration application filed by Shri Ji...

MP High Court Refers Gopal Enterprises-NCL Dispute To Arbitration Despite Use Of 'May' in Clause

The Madhya Pradesh High Court has referred a payment dispute between Gopal Enterprises and Northern Coalfields Limited (NCL) to arbitration. It held that the use of the word "may" in the contract's dispute resolution clause did not dilute the parties' intention to resolve disputes through arbitration. Justice Deepak Khot rejected NCL's objections and appointed Justice H.P. Singh, a former judge of the High Court of Madhya Pradesh, as the sole arbitrator. "The intention of the parties to...

Unexplained Delay Bars Exclusion Of Time Spent Before Wrong Forum From Limitation Period: MP High Court

The Madhya Pradesh High Court has held that a party cannot seek exclusion of time spent before a wrong forum under the Limitation Act if it fails to explain why it did not challenge the arbitral award within the prescribed period Justice Deepak Khot delivered the ruling while dismissing an appeal filed by Ashish and others against the National Highways Authority of India (NHAI). The Court upheld an order rejecting their challenge to an arbitral award as barred by limitation. The court observed...

Courts Cannot Grant Unconditional Stay Of Arbitral Money Awards Without Exceptional Case: MP High Court

The Madhya Pradesh High Court on 27 May held that courts cannot grant an unconditional stay on the execution of an arbitral money award unless the award is vitiated by fraud or corruption or the award debtor establishes an “exceptional case”. A Division Bench of Justices Vivek Jain and Ajay Kumar Nirankari allowed the petition filed by Lite Bite Foods Pvt. Ltd., set aside the District Court's order granting an unconditional stay in favour of the Airports Authority of India (AAI), holding that...

Operator Of MPSTDC Motel Cannot Invoke State Ownership To Claim Property Tax Exemption: MP High Court

The Jabalpur Bench of the Madhya Pradesh High Court has held that a private company operating a tourism corporation-owned motel for commercial purposes is liable to pay property tax and other charges and cannot claim exemption from property tax on the ground that the property belongs to the State. The court, however, ruled that the operator could not be made liable for any period before it entered into the agreement to run the motel. Justice Vishal Mishra passed the ruling in a petition filed...

Final Termination Order Not Needed To Invoke Arbitration: Madhya Pradesh High Court

The Madhya Pradesh High Court on 13 May held that a show cause notice proposing termination, coupled with a reply denying the allegations, constitutes a “dispute” sufficient to invoke arbitration, even in the absence of a final termination order. Justice Pavan Kumar Dwivedi rejected Indian Oil Corporation Limited's (IOCL) objection that the petition under Section 11 of the Arbitration and Conciliation Act, 1996 was premature and appointed Justice (Retd.) Virender Singh as the sole Arbitrator....

Madhya Pradesh High Court Bars Post-Resolution Proceedings Against Corporate Debtor's “New Avatar”

The Madhya Pradesh High Court on 27 May held that once a resolution plan is approved under the Insolvency and Bankruptcy Code, 2016, the corporate debtor in its “new avatar” cannot face pre-resolution claims or proceedings that stand extinguished under the approved plan. Justice Jai Kumar Pillai reiterated that the insolvency framework ensures a “clean slate” to the successful resolution applicant and allowed the petition filed by Pushp Ratna Realty Pvt Ltd, whose resolution plan the NCLT,...