Writ Petition Against Arbitrator's Order Not Maintainable Unless Exceptional Circumstances Or Bad Faith Can Be Shown: M.P. High Court

The High Court of Madhya Pradesh bench comprising Justice Sushrut Arvind Dharmadhikari and Justice Devnarayan Mishra refused to exercise the writ jurisdiction of the High Court under Article 226/227 of the Indian Constitution for a matter involving dismissal of an application made to an Arbitrator under Section 16(3) of the Arbitration and Conciliation Act, 1996 by the Petitioner. The High Court held that a writ petition under Article 226/227 of the Indian Constitution is not maintainable...

Commercial Courts Act | Can't Permit Written Statement After 120 Days, Summer Vacations Not 'Extraordinary Circumstance': MP High Court

In a commercial suit, Madhya Pradesh High Court has underscored that a written statement filed after the lapse of 120 days since the service of summons cannot be taken on record.The Division Bench of Justices Sujoy Paul and Vivek Jain also refused to consider routine summer vacations as an 'extraordinary circumstance' mentioned in Prakash Corporates v. Dee Vee Projects Limited, 2022 LiveLaw (SC) 162 that warrants a relaxation of the rigid 120 days' duration. In Prakash Corporates, the apex court...

Order Of Arbitrator Rejecting Application U/S 16 Of The A&C Act Cannot Be Challenged In A Writ Petition: Madhya Pradesh High Court

The High Court of Madhya Pradesh held that an order of the arbitral tribunal rejecting a challenge to its jurisdiction under Section 16 of the A&C Act is not challengeable in a writ petition. The bench of Justice Sushrut Arvind Dharmadhikari held that a party aggrieved by the rejection of its application under Section 16 of the AC& Act has to wait till the passing of the final award and then challenge the award under Section 34 of the Act including the ground of lack of...

Writ Petitioner Concealing CESTAT’s Order Of Confiscation: Madhya Pradesh High Court Imposes Rs. 25K Cost

The Madhya Pradesh High Court has imposed a cost of Rs. 25000 on the writ petitioner seeking provisional release of goods for suppressing the fact of CESTAT’s final order of confiscation, which was well within his knowledge.The bench of Justice Vivek Rusia and Justice Pranay Verma has observed that the Tribunal has set aside the order rejecting the application for provisional release of the currency. The order of the tribunal has attained finality in respect of provisional release, but before...