Patna HC Sets Aside ₹25 Lakh Arbitral Compensation Against Bihar State Food Corporation For No Proof of Loss

The Patna High Court has partly set aside an arbitral award against Bihar State Food and Civil Supplies Corporation Ltd, holding that compensation awarded without evidence of actual loss or injury could not be sustained. A Division Bench of Justice Mohit Kumar Shah and Justice Arun Kumar Jha held: “Thus, there is no proof much less any evidence whatsoever, on the records of the arbitral proceedings regarding the claimant-respondent having suffered any loss or injury, hence the award of...

IOCL's Terminal Facilities For Crude Oil Storage At Barauni Attract Service Tax: Patna High Court

The Patna High Court has held that terminal facilities used by IOCL's Barauni Refinery for storing crude oil before onward transportation constituted an independent taxable service liable to service tax, and were not merely incidental to pipeline transportation. The court ruled, “If MOU creates a provision of a separate charge for 'discharge facility' or 'terminal facilities' or 'storing of crude oil' before entering into next phase of transportation for Bongaigaon Refinery then, it cannot be...

ECIR Cannot Be Quashed At Threshold As It Is An Internal ED Document: Patna High Court

The Patna High Court on 18 May held that an Enforcement Case Information Report (ECIR) under the Prevention of Money Laundering Act, 2002 (PMLA) is an internal document of the Enforcement Directorate (ED) and cannot ordinarily be subjected to quashing, observing that such a plea is premature unless it translates into a prosecution complaint or other actionable proceedings. Justice Arun Kumar Jha dismissed a writ petition filed by Rishu Shree seeking to quash ECIR-13 and ECIR-14 and restrain the...

Patna HC Quashes FIR Against Prashant Kishor Over Alleged Theft Of INC's 2020 Bihar Campaign Intellectual Property

The Patna High Court has quashed an FIR against political strategist Prashant Kishor in a case over allegations that he used campaign materials claimed as intellectual property by Shashwat Gautam, a data analytics professional associated with the Indian National Congress.The court held that criminal law cannot be invoked merely by invoking the phrase “intellectual property” where the allegations do not disclose any offense. The bench further found that the material claimed by Gautam was...

Patna High Court Refuses To Quash Central Excise Show Cause Notices Against ITC Despite Delay In Adjudication

The Patna High Court has recently refused to quash multiple Central Excise show cause notices issued to ITC Limited, holding that the company could not seek quashing solely on the ground of delayed adjudication when it had not participated in hearings despite repeated opportunities. “For one reason or another, the petitioner did not participate in the hearing. In such circumstances, prima facie, we agree with the submissions of the learned counsel for the Central Excise that the delay in the...

Patna High Court Temporarily Restrains Local Company From Using 'Johnson' Mark For Paint Products

The Patna High Court has recently restrained Johnson Paints Private Limited from using the “JOHNSON” brand name, granting temporary relief to Johnson Paints Co.Setting aside a Commercial Court order that had refused an injunction, a Division Bench of Justice Rajeev Ranjan Prasad and Justice Praveen Kumar found that the lower court erred in concluding that no prima facie case of prior use or goodwill was made out. Examining the respondent's claim of rights based on a chain of assignment deeds...

DRAT Can Recall Appeal Dismissed For Pre-Deposit Non-Compliance: Patna High Court

The Patna High Court has recently held that the Debts Recovery Appellate Tribunal (DRAT), in exercise of its review powers under Section 22(2) of the Recovery of Debts and Bankruptcy Act, 1993, can recall an appeal dismissed for non-compliance with the pre-deposit requirement. "Once such dismissal falls within the category contemplated under Section 22(2)(g), the Tribunal cannot be said to be denuded of its jurisdiction to recall or set aside the same. The reasoning adopted by the learned...

Patna High Court Sets Aside Award Based On Pleadings Alone Without Evidence, Cites Natural Justice

The Patna High Court has recently set aside an arbitral award and a subsequent order upholding it, holding that an award based solely on pleadings without proof of documents violates the principles of natural justice and cannot be sustained. It held that although arbitral proceedings are not bound by strict rules of evidence, ensuring that documents are properly admitted or denied; their contents are duly proved; and that parties are given a real opportunity to rebut the material relied upon,...

Excise Appeals To High Court On Substantial Questions Of Law Maintainable After NTT Act Struck Down: Patna High Court

The Patna High Court has recently held that appeals to High Courts in central excise matters involving substantial questions of law remain maintainable after the Supreme Court struck down the National Tax Tribunal Act, 2005, which had omitted the provision providing for such appeals. The court held that “The earlier provision mentioned in Section 35G of the Central Excise Act, 1944, Section 130 of the Customs Act, 1962 (52 of 1962) as well as any other provisions of law which were omitted by...

Arbitration Act Is Self-Contained Code; Civil Revision Not Maintainable Where Appeal Lies: Patna High Court

The Patna High Court has reaffirmed that a civil revision under Section 115 of the Code of Civil Procedure does not lie against such an order passed under the Arbitration and Conciliation Act, 1996 where the statute provides a specific appellate remedy. The Court held that the Arbitration Act is a self-contained code and that Section 37 exhausts the appellate remedies. Justice Ramesh Chand Malviya observed, “It is settled principles of law that the Arbitration and Conciliation Act, 1996 being...

LiveLawBiz Arbitration Cases Weekly Digest : February 9 - February 15, 2026

Nominal Index A2Z Infraservices Ltd & Anr vs Quippo Infrastructure Ltd & Ors 2026 LLBiz SC 60Ankhim Holdings Pvt. Ltd. & Anr. versus Zaveri Construction Pvt. Ltd. 2026 LLBiz SC 53Aggarwal Sons v. Union of India and Others 2026 LLBiz HC (PNH) 8Airports Authority of India v. URC Construction (P) Ltd 2026 LLBiz HC (DEL) 146E-City Real Estates Pvt Ltd & ANR vs IMAX Corporation & Ors 2026 LLBiz SC 22Fresh and Healthy Enterprise Ltd v. Global AgriSystem Pvt Ltd & connected...

Limitation To Challenge Arbitral Award Starts On Postal Delivery To Party Not Email To Lawyer: Patna High Court

The Patna High Court has recently ruled that the limitation period to challenge an arbitral award starts only when the party itself receives a signed copy of the award by registered post, and not when a signed copy is merely received on the email of the party's lawyer. "Thus, a conjoint reading of sub-section (5) of Section 31 and sub-section (3) of Section 34 would make it clear that the reckoning point for computation of the period of limitation is the date on which the party making the...