Limitation In Arbitration Begins From Denial Of Claim, Not Section 21 Notice: Madhya Pradesh High Court

The Madhya Pradesh High Court on 4 May held that limitation for an arbitral claim begins when the claim is denied or repudiated, and not from the date of issuance of notice under Section 21 of the Arbitration and Conciliation Act, 1996. It further held that an arbitral tribunal commits patent illegality if it treats the Section 21 notice as the starting point of limitation. A Bench of Justice Vivek Jain partly allowed the appeal filed by Northern Coal Fields Ltd. (NCL) and set aside portions of...

Financial Institution Need Not Be Secured Creditor To Invoke SARFAESI Arbitration: Bombay High Court

The Bombay High Court has held that a financial institution need not already be a secured creditor to invoke statutory arbitration under the SARFAESI Act, while referring a loan takeover dispute between Aditya Birla Housing Finance Ltd. and Axis Bank to arbitration.Justice Sandeep V. Marne held that Section 11 of the SARFAESI Act does not require a bank or financial institution invoking arbitration to already be a secured creditor. The court observed, “Section 11 of the SARFAESI Act by itself...

Arbitrator Cannot “Conjure” Mesne Profit Figure Solely On “Guesswork”: Delhi High Court

The Delhi High Court on 13 April held that an arbitral tribunal cannot award mesne profits solely on “guesswork” without any foundational material or reasoning supporting the quantification and clarified that while exact proof of unliquidated damages is not necessary, the award must disclose a rational basis linking the material on record to the amount awarded. A Division Bench of Justices Om Prakash Shukla and C. Hari Shankar upheld an order setting aside the arbitral award to the extent it...

AP High Court Dismisses Plea Against NPA Classification; Says It Seeks To “Bypass” SARFAESI, IBC Proceedings

The Andhra Pradesh High Court has dismissed a writ petition filed by businessman Omkaram Venkata Ramana challenging the Bank of India's decision to classify his group companies' loan accounts as Non-Performing Assets (NPA). The court held that the petition sought to bypass proceedings already pending under the SARFAESI Act and Insolvency and Bankruptcy Code (IBC). "In our considered opinion there cannot be any blanket orders passed as is prayed in this writ petition, which itself is not...

Bombay High Court Directs Emirates To Pursue GST Appeal In Air Cargo Services Tax Dispute

The Bombay High Court recently disposed of a writ petition filed by Emirates challenging a GST demand order passed by the Maharashtra State Tax Department over taxation of air cargo transportation services. The airline argued that transportation of goods by aircraft from India to destinations outside India, along with ancillary services, formed part of a composite supply exempt from GST under a Central Government notification issued in 2018 granting exemption to export air cargo transportation...

Supreme Court Stays Patna HC Order Restraining Local Company From Using “JOHNSON” Trademark, Issues Notice

The Supreme Court on Thursday stayed the Patna High Court's April 24, 2026 order granting a temporary injunction restraining Johnson Paints Pvt. Ltd. from manufacturing, selling, or advertising paint and cement paint products under the “JOHNSON” mark or any deceptively similar variant in an ongoing trademark dispute with Johnson Paints Co. A bench of Justices J.K. Maheshwari and Atul S. Chandurkar, while issuing notice, directed Johnson Paints Pvt Ltd to furnish an undertaking that it would...

Arbitrators Cannot Import Notions Of Fairness And Equity Into Commercial Contracts: Bombay High Court

The Bombay High Court has held that arbitral tribunals cannot import principles of fairness and natural justice into commercial contracts contrary to their express terms. The court made the observation while setting aside an arbitral award passed against Nayara Energy Ltd. that had directed restoration of a petrol pump dealership in Barmer and payment of ₹4 lakh compensation to the franchisee. The court held that the tribunal acted contrary to Sections 28(2) and 28(3) of the Arbitration Act...

State Cannot “Unjustly Enrich Itself” By Denying Refund Of Wrongly Paid Stamp Duty Over Delay: Bombay HC

The Bombay High Court has held that the government cannot retain stamp duty wrongly paid by a citizen merely because there was a short delay in seeking a refund. The Court said procedural delay cannot defeat a person's substantive right to recover money mistakenly paid under a wrong stamp duty head, particularly when the transaction could not proceed further. A single-judge bench of Justice Milind N. Jadhav observed that the state cannot “unjustly enrich itself” by forfeiting money paid due to...

Bombay High Court Condones 430-Day Delay By Charitable Trust In Filing Declaration For Tax Exemption

The Bombay High Court has condoned a 430-day delay by Bombay Prathana Samaj, a charitable trust, in submitting a mandatory declaration required for claiming a tax exemption benefit, after finding that the trust had shown reasonable cause for the delay and would otherwise suffer genuine hardship. “The approach of the authority ought to be equitious, balancing and judicious and availing of exemption should not be denied merely on the bar of limitation,” the Court observed while referring to the...

Delhi High Court Partly Sets Aside Award Denying FDR Interest Despite Invalid PBG Invocation

The Delhi High Court has held that the Delhi Development Authority (DDA) cannot retain interest accrued on a fixed deposit created from a Performance Bank Guarantee (PBG) amount after an arbitral tribunal held that DDA was not entitled to invoke the PBG. The PBG had been furnished by Jaksons Developers in connection with allotment of a commercial plot by DDA for construction of a hotel project for the 2010 Commonwealth Games. Justice Avneesh Jhingan said: “The realised amount along with...

Courts Hearing Challenges To NH Act Arbitral Awards Cannot Enhance Compensation: Karnataka High Court

The Karnataka High Court has reiterated that courts cannot enhance compensation by modifying arbitral awards in land acquisition disputes under the National Highways Act. Referring to the precedent set by apex court, the court held, "The question whether the court could modify the award was also considered by the Constitution Bench of the Supreme Court in a recent decision in Gayatri Balasamy v. ISG Novasoft Technologies Limited3 . The Supreme Court, by a majority held that the arbitral award...

Supreme Court Dismisses SEBI Appeal Against NCLAT Order Rejecting Recall Plea In Pancard Clubs Insolvency

The Supreme Court on Monday refused to reopen SEBI's challenge to the Pancard Clubs insolvency proceedings. It upheld an NCLAT order holding that SEBI's fraud allegations fell outside the scope of proceedings on condonation of delay. A Bench of Justice J.B. Pardiwala and Justice Vijay Bishnoi dismissed SEBI's appeal against the National Company Law Appellate Tribunal's November 3, 2025 order rejecting its recall plea. “Having heard Mr. C.U. Singh, the learned Senior counsel appearing for the...