Telangana High Court
Education Not Commercial Activity: Telangana High Court In Arbitration Dispute Over SVIT, Bolton School
Education should not be treated as a mere commercial activity driven solely by management interests, the Telangana High Court has observed, emphasising that disputes over control of institutions must not be carried on at the cost of students, teachers, and academic functioning. The observation came while the Court was dealing with a dispute between Mahbub College Society and Venkat Narayana Educational Society (VNES) over the management of institutions including the Swami Vivekananda Institute...
Telangana High Court Restrains RUSAL-Linked Firm From Transferring Pioneer Aluminium Shares In ₹2840 Crore Arbitral Award Enforcement
The Telangana High Court has recently restrained AL Plus Holding LLC, a subsidiary of award-debtor United Company RUSAL International PJSC, from transferring its 26% shareholding in Pioneer Aluminium Industries Limited while hearing enforcement proceedings of foreign arbitral awards worth about Rs 2,840 crore obtained by OWH SE i.L. A single bench of Justice T. Madhavi Devi directed that “this Court is inclined to direct the respondent No.2 not to transfer its shares in Pioneer Aluminum...
Jurisdictional Objection Rejected By Arbitrator Cannot Be Challenged Under Article 227: Telengana High Court
The Telangana High Court has recently held that its supervisory jurisdiction under Article 227 of the Constitution cannot be invoked to challenge an arbitral tribunal's rejection of a jurisdictional objection when the Arbitration and Conciliation Act, 1996 provides a specific post-award remedy. Dismissing a writ petition filed by Sagar Asia Private Limited, a Division Bench of Justice Moushumi Bhattacharya and Justice Gadi Praveen Kumar held that the petitioner must await the arbitral award and...
Pre-Litigation Mediation Mandate Cannot Be Used To 'Cold-Storage' Urgent Commercial Suits: Telangana High Court
The Telangana High Court has recently observed that mandatory pre-litigation mediation cannot be used to stall urgent commercial suits. Section 12A of the Commercial Courts Act, it said, cannot “cold-storage urgent claims.” Nor can it be used for “arm-twisting” a plaintiff seeking interim protection. A Division Bench of Justice Moushumi Bhattacharya and Justice Gadi Praveen Kumar dismissed a revision plea, upholding an order of the Commercial Court which exempted Ras Al Khaimah Investment...
'Not Unknown to Law': Telangana High Court Upholds Reserve Price Reduction After Repeated Failed SARFAESI Auctions
The Telangana High Court has recently upheld the phased reduction of the reserve price fixed for the auction sale of a mortgaged immovable property under the SARFAESI Act and dismissed writ petitions filed by the borrower. A Division Bench of Justice Moushumi Bhattacharya and Justice Gadi Praveen Kumar affirmed the order of the Debts Recovery Appellate Tribunal and observed that “the process of marking down of the Reserve Price is not unknown to law.” The Bench examined Rule 8(5) of the...
Telangana High Court Restrains Ex Karix Mobile Employees From Sharing Trade Secrets With Competitor
Holding that the sudden loss of a major client gave rise to an “unshakable inference” of breach of confidence, the Telangana High Court has set aside a trial court order and granted interim protection to Karix Mobile Private Limited against its former senior employees who joined competitor OneXtel Limited. A Division Bench of Justice Moushumi Bhattacharya and Justice Gadi Praveen Kumar allowed the appeal and overturned the October 6, 2025 order of the trial court, which had rejected Karix's...
Telangana High Court Strikes Down GST Rule Mandating Monthly ITC Distribution By Input Service Distributor
The Telangana High Court has struck down a GST rule that required an Input Service Distributor, typically the head office of a company with multiple branches, to pass on the input tax credit of a month to its branch units in the same month. A division bench of Chief Justice Aparesh Kumar Singh and Justice G. M. Mohiuddin ruled that Rule 39(1)(a) of the Central Goods and Services Tax Rules, 2017, was ultra vires Section 20 of the Central Goods and Services Tax Act, 2017. The bench said, “Rule...
Use of Tissue Culture Technology Does Not Bar Tax Exemption On Agricultural Income: Telangana High Court
The Telangana High Court has held that income earned from the sale of tissue-cultured plants qualifies as agricultural income and is therefore exempt from income tax, though advanced scientific techniques are used in their cultivation. The Bench of Justices P Sam Koshy and Narsing Rao Nandikonda heard a case where the assessee (appellant), who was engaged in the business of micropropagation of plants through tissue culture technology, claimed that the income from the same was exempt from tax as...
Allowing Filing Of Additional Documents Without Reasonable Cause In Trial Defeats Speedy Disposal Of Commercial Suits: Telangana High Court
The Telangana High Court has reiterated that permitting a party to bring on record additional documents at the trial stage without a reasonable cause would defeat purpose of Commercial Courts Act 2015 which aims at speedy disposal of commercial suits. It further said that a court cannot permit documents to belatedly brought on the court's record on the sole ground that the documents have already been referred to in the written statement. A division bench of Justice Moushumi...
Power To Extend Arbitrator's Mandate Lies With Civil Court Of Original Jurisdiction, Not Appointing Court: Telangana High Court
The Telangana High Court dismissed a Civil Revision Petition filed by Employees State Insurance (ESI) Corporation. ESI had challenged an order passed by the Civil Court allowing the application seeking extension of the arbitrator's mandate. Justice P. Sam Koshy held that the mandate of the arbitrator under section 29A(4) of the Arbitration and Conciliation Act, 1996 (Arbitration Act) can be extended by the court as defined under section 2(1)(e) which expressly included the city civil ...
Forced Shift Of Arbitration Venue Without Consent Of Party Amounts To Perversity: Telangana High Court
The Telangana High Court has held that the forced shift of the Arbitration Venue without the consent of a party amounts to perversity and patent lack of inherent jurisdiction.The order was passed in a writ petition, challenging a procedural order, by way of which the venue of the 'Closing hearing' was moved from New Delhi to IDRC in London without considering the objections of the respondent“The forced shift from New Delhi to London would hence not only amount to perversity in terms of the...
Commercial Courts Act Envisages 'Marked Difference' Between Specified Value & Pecuniary Value: Telangana High Court
The Telangana High Court Division Bench comprising of Justice Moushumi Bhattacharya and Justice Gadi Praveen Kumar while hearing a Civil Revision Petition (“CRP”) observed that specified value forms the foundation of a commercial dispute for admission into the Commercial Courts Act, 2015 (“CC Act”). The pecuniary value, on the other hand, highlights the competence of the Court for trying such a commercial suit. Factual Matrix: The Respondent (Plaintiff in the Suit) filed a suit for...