Himachal Pradesh High Court Refuses Interim Protection Against HPCL's Termination Of Transport Contract

The Himachal Pradesh High Court has recently refused to grant interim protection to Shree Shyam Roadlines against Hindustan Petroleum Corporation Limited's (HPCL) termination of its petroleum transportation contract. It held that a terminated, determinable contract cannot be revived through proceedings under Section 9 of the Arbitration and Conciliation Act, 1996, and that the aggrieved party's remedy lies in seeking damages or compensation in other proceedings.“After the termination of the...

Delhi High Court Allows Commander Realtors To Substitute ED-Attached Land With Properties Worth ₹1,062 Crore

The Delhi High Court has permitted Commander Realtors Private Limited to substitute land attached by the Enforcement Directorate (ED) with alternative properties valued at approximately ₹1,062.89 crore.The substitution follows a reconciliation that reduced the alleged proceeds of crime in the case from ₹1,813.74 crore to ₹1,017.19 crore.Justice Amit Mahajan allowed the company's petition after the ED expressed no serious objection to the substitution, provided adequate safeguards were imposed to...

Ombudsman Cannot Treat Complaint As Settled Without Customer's Acceptance Of His Advisory: Kerala High Court

A bank's payment of an amount directed by the Banking Ombudsman does not, by itself, settle a customer's complaint. The Kerala High Court has ruled that a complaint can be treated as resolved under the Reserve Bank–Integrated Ombudsman Scheme, 2021, only after the complainant accepts the advisory.A single-judge Bench of Justice M.A. Abdul Hakhim was hearing a petition filed by Mohamed Shafi, a Standard Chartered Bank customer, challenging the Banking Ombudsman's order treating his complaint as...

Successor Bank Can't Invoke Arbitration After Suit Reaches Defence Evidence Stage: Gujarat High Court

The Gujarat High Court, on 4 November, held that a successor bank cannot claim a fresh opportunity to invoke arbitration when its predecessor had failed to seek reference within the prescribed time. A Bench of Justice Maulik J. Shelat dismissed HDFC Bank Ltd.'s petition challenging the rejection of its application under Section 8 of the Arbitration and Conciliation Act, 1996, holding that the bank had inherited its predecessor's position in the proceedings and could not exercise a right that...

SARFAESI | Borrower Must Tender Entire Dues Before Auction Notice, Not Wait For Sale Certificate To Redeem Property: Allahabad HC

The Allahabad High Court has held that a borrower seeking to prevent the secured creditor from transferring a secured asset under Section 13(8) of the SARFAESI Act, 2002, must tender the entire dues before publication of the public auction notice. The date on which the sale certificate is subsequently issued is not decisive. What matters is whether the borrower tendered the entire dues within the period prescribed under the provision. Section 13(8), in the form reproduced before the Court,...

Taxpayer Can Avail Settlement Scheme After Expiry On Payment Of Admitted Tax: Patna High Court

The Patna High Court, on 6 November, held that a taxpayer can avail the benefit of the Bihar Settlement of Taxation Disputes Act, 2024, even after the settlement scheme expires, if the outstanding admitted tax is paid within the time granted by the Court. A Division Bench of Justices Anil Kumar Sinha and Vikash Kumar disposed of five petitions filed by Amara Raja Batteries Ltd., challenging the rejection of its settlement applications for failing to deposit the amount demanded under the scheme....

Delhi High Court Quashes Tax Assessment Orders Against Bechtel For Ignoring DRP Directions

The Delhi High Court has held that an income tax assessment order passed by an Assessing Officer (AO) in violation of the binding directions issued by the Dispute Resolution Panel (DRP) is without jurisdiction and void.The Division Bench of Justices Subramonium Prasad and Renu Bhatnagar upheld an ITAT order quashing the assessment orders passed against UK-based Bechtel Limited for the assessment years 2016-17 and 2017-18, after finding that the AO had failed to implement the DRP's directions.The...

Customs Can't Club Demands Against Multiple Parties To Meet Monetary Limit For Appeal: Delhi High Court

The Delhi High Court has held that where a common adjudication order under the Customs Act involves multiple parties, the Customs Department cannot club the demands raised against them to satisfy the monetary threshold prescribed for filing an appeal before the High Court.The Division Bench of Justices Avneesh Jhingan and Shail Jain observed that each appeal arising from a composite adjudication order must be treated as a separate case for determining whether it meets the monetary limit fixed by...

Delhi High Court Suggests Intimating Hearing Date Within 15 Days Of Income Tax Advance Ruling Application Filing

The Delhi High Court has suggested that the Board for Advance Rulings under the Income-tax Act, 2025, explore a mechanism to inform applicants of their next hearing date within 15 days of filing an application, observing that applicants cannot be kept in the dark about the status of their advance ruling applicationsThe Division Bench of Justices Dinesh Mehta and Aditi Choudhary observed that applicants seeking advance tax rulings should at least be informed of the probable hearing date so that...

Delhi High Court Upholds Restraint On Unity SFB Considering Share Capital Increase Without BharatPe's Consent

The Delhi High Court has recently dismissed an appeal filed by Unity Small Finance Bank Limited against an interim order restraining it from tabling a proposal to increase its authorised share capital without the prior written consent of Resilient Innovations Private Limited, the company that operates BharatPe. A Division Bench of Justice C. Hari Shankar and Justice Vinod Kumar observed: “The fact that the subject matter of Agenda Item 18 was a 'Reserved Matter' thus standing admitted, the...

Gujarat High Court Rejects Challenge To State Tax Inspector's Authority To Intercept Vehicles Carrying Goods

The Gujarat High Court has rejected a taxpayer's challenge to a State Tax Inspector's authority to sign Form GST MOV-01, which is issued during the interception of vehicles carrying goods for inspection. The court held that a 2019 order had expressly authorised State Tax Inspectors to intercept conveyances and inspect documents, devices, and goods.A bench of Justice Sangeeta K. Vishen and Justice P. M. Raval dismissed a petition filed by M/s Riddhi Siddhi Enterprises challenging the detention...

Delhi High Court Sets Aside Arbitral Award Over Tribunal's Failure To Decide MMTC's Good Faith Claim

The Delhi High Court has partly set aside an arbitral award rejecting MMTC Limited's surviving claims arising from payments of ₹71.25 crore made by its joint venture company, MMTC-PAMP India Private Limited (MPIPL), to PAMP and MKS Switzerland SA for gold-sourcing services and licence fees.The court found that the arbitral tribunal had failed to independently examine MMTC's allegation that PAMP's majority shareholder, PAMP Holding Mauritius Limited (PHML), had breached its good-faith obligations...