Supreme Court Calls Pre-Litigation Mediation Plea 'Dilatory Tactic', Restores ₹12.5 Lakh Recovery Suit

Calling the respondents' reliance on mandatory pre-litigation mediation a “dilatory tactic,” the Supreme Court restored a Rs. 12.5 lakh commercial recovery suit filed by Divya A. Nichani against Dipti D. Palchi and others over an unpaid loan. Invoking its powers under Article 142 of the Constitution, the court held that the requirement of pre-litigation mediation under Section 12A of the Commercial Courts Act “shall be deemed to have failed” in the facts of the case. A bench of Chief Justice...

Madras High Court Restrains Unauthorised Broadcast Of Zee's 'Do Deewane Seher Mein' On Release Date

On the date the film “DO DEEWANE SEHER MEIN” was slated for release, the Madras High Court granted an ad interim injunction restraining unlawful broadcast of the movie in a suit alleging apprehended infringement of copyright. Justice Senthilkumar Ramamoorthy passed the order on Friday in two applications filed by Zee Entertainment Enterprises Limited, the producers of the film, which has arrayed 33 defendants, including Bharath Sanchar Nigam Limited and others. The court recorded that the suit...

Madras High Court Restrains Unauthorised Broadcast Of Taapsee Pannu Starrer 'Assi' On Release Day

The Madras High Court on Friday restrained the unauthorised broadcast of the Taapsee Pannu-starrer Bollywood film 'Assi' on the day of its release, granting ad-interim relief to its producer. Justice Senthilkumar Ramamoorthy, by order dated February 20, 2026, observed that “in matters of this nature, it is likely that irreversible injury will occur unless unlawful broadcast is prevented.” At the same time, the Court noted that “in view of the expansive nature of the relief claimed, it is...

"Unexplained Delay": Rajasthan High Court Quashes Service Tax Order Passed Nine Years After Show Cause Notices

The Rajasthan High Court has recently set aside a service tax demand raised nearly nine years after issuance of show cause notices, holding that revival of proceedings after prolonged administrative dormancy amounts to an arbitrary exercise of power and defeats the statutory discipline prescribed under the Finance Act. A Division Bench of Justice Arun Monga and Justice Yogendra Kumar Purohit quashed an order dated October 24, 2019 passed by the Joint Commissioner, Central Excise and Goods and...

Offering Flat Possession To Homebuyers Without Occupancy Certificate Is Deficiency In Service: Supreme Court

The Supreme Court on Friday affirmed that developers cannot compel homebuyers to accept possession of flats without obtaining the requisite Occupancy Certificate (OC), ruling that such failure constitutes a “deficiency in service” under the Consumer Protection Act, 1986. A bench of Justices B.V. Nagarathna and R. Mahadevan dismissed appeals filed by Parsvnath Developers Ltd challenging orders of the National Consumer Disputes Redressal Commission (NCDRC). The dispute arose from consumer...

Supreme Court Appoints Former CJI B R Gavai To Mediate Veda Seed- Kohinoor Trademark Dispute

The Supreme Court on Friday appointed former Chief Justice of India Justice B.R. Gavai to mediate a trademark dispute between Veda Seed Sciences Pvt. Ltd and Kohinoor Seed Fields India Pvt. Ltd., while staying further proceedings in the suit before the Delhi High Court. A Bench of Justices K.V. Viswanathan and Atul S. Chandurkar recorded that the parties had “favourably responded to the suggestion of the Court that an amicable resolution of the dispute be explored through the process of...

S.130 CGST | GST Law Does Not Allow Provisional Release of Goods Seized During Confiscation Proceedings: Kerala High Court

The Kerala High Court on Friday held that GST authorities cannot release seized goods during confiscation proceedings merely because the trader pays the fine proposed in a show cause notice. Justice Ziyad Rahman A.A. ruled that Section 130(2) of the Central Goods and Services Tax Act permits payment of a fine in lieu of confiscation only after a final confiscation order is passed. “Mere notice to initiate confiscation proceedings will not amount to authorisation for confiscation,” the court...

Finality Of SARFAESI Auction Is Matter Of Public Policy: Delhi High Court Bars Recovery Of Pre-Sale Dues

Holding that the finality of a statutory auction is a matter of public policy, the Delhi High Court has ruled that an auction purchaser under the SARFAESI Act cannot recover pre-sale statutory dues after unconditionally accepting the sale certificate. Allowing such recovery, the Court said, would render the “as is where is” clause meaningless and create uncertainty for secured creditors. Setting aside the Commercial Court's January 31, 2023 judgment, a Division Bench of Justices Anil...

No Absolute Right Of Appeal Under SARFAESI Without Pre-Deposit: Delhi High Court

The Delhi High Court has recently upheld the dismissal of a DRAT appeal for failure to comply with the mandatory pre-deposit under Section 18 of the SARFAESI Act. A Division Bench of Justices Vivek Chaudhary and Renu Bhatnagar held that the statutory right of appeal is conditional. The court observed that “the said right is not absolute.” The case arose after the Debts Recovery Tribunal dismissed a securitisation application filed by Renu Goyal challenging measures taken by Edelweiss Asset...

No Concluded Contract, No Interim Relief: Delhi High Court Dismisses Developer's Plea Against ARCIL

The Delhi High Court has dismissed Parsvnath Developers' plea seeking enforcement of an alleged Rs. 750 crore restructuring agreement against Asset Reconstruction Company (India) Limited, holding that courts cannot compel parties to honour a settlement that never matured into a concluded contract. Justice Jasmeet Singh held that the draft restructuring agreement remained at a negotiatory stage. Although drafts were exchanged, essential terms were unsettled. The schedules were marked preliminary...

Civil Courts Cannot Preempt SARFAESI Action, Karnataka High Court Sets Aside Injunction Against SBI

The Karnataka High Court has recently set aside an interim injunction that had restrained the State Bank of India from enforcing a corporate guarantee against Patel Engineering Limited. A Division Bench of Chief Justice Vibhu Bakhru and Justice C.M. Poonacha held that the Commercial Court in Bengaluru could not have injuncted SBI from proceeding under the SARFAESI Act or the Recovery of Debts and Bankruptcy Act. The bench noted that Section 34 of the SARFAESI Act bars courts from...

Gujarat High Court Quashes ₹98 Lakh GST SCN, Says Construction ITC Bar Not Applicable To Leasehold Rights Transfer

The Gujarat High Court has held that Section 17(5)(d) of the Central Goods and Services Tax Act, 2017, which blocks input tax credit on goods or services used for construction of immovable property on one's own account, did not apply in a case where the taxpayer had only transferred leasehold rights and had undertaken no construction activity. A Division Bench of Justice A.S. Supehia and Justice Pranav Trivedi quashed a show cause notice issued under Section 74(1) of the Act and directed the...