Supreme Court & High Courts
Right To Seek Arbitration Ends Once Written Statement Stage Is Closed: Karnataka High Court
The Karnataka High Court has reiterated that a defendant cannot seek reference to arbitration under Section 8 of the Arbitration and Conciliation Act, 1996 after its right to file a written statement in a commercial suit has been closed, dismissing an appeal filed by real estate developer Bhagyalakshmi Homes LLP. A Division Bench of Chief Justice Vibhu Bakhru and Justice C.M. Poonacha upheld the Commercial Court's order rejecting the developer's plea to refer the dispute to arbitration. “It is...
Anil Ambani Assures Supreme Court He Won't Leave India Amid ED-CBI Probe Into Alleged ₹40,000 Crore ADAG Loan Fraud
Industrialist Anil Ambani on February 18 filed an affidavit before the Supreme Court undertaking that he will not travel outside India without prior permission of the court and will fully cooperate with ongoing investigations by the Enforcement Directorate (ED) and the Central Bureau of Investigation (CBI) into alleged irregularities involving companies of the Anil Dhirubhai Ambani Group (ADAG). The affidavit was filed in response to a 2025 writ petition by former bureaucrat E.A.S. Sarma...
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...
Executing Court Does Not Cease To Have Jurisdiction After Allowing Execution Petition: Calcutta High Court
An executing court does not become functus officio merely because it “allows” an execution petition, the Calcutta High Court has held, clarifying that jurisdiction continues until the arbitral award is fully implemented and satisfied.Dismissing an appeal filed by India Media Services Pvt Ltd, a Division Bench of Justice Sabyasachi Bhattacharyya and Justice Supratim Bhattacharya said that allowing the execution case was “merely nominal, contemplating further steps to be taken” and that “it cannot...
Common Independent Director Not 'Common Management': Gujarat High Court Sets Aside GeM Bid Rejection
The Gujarat High Court has held that an Independent Director cannot be treated as part of the common management of a company for the purpose of disqualifying bids under Clause 29 of the Government e-Marketplace General Terms and Conditions, setting aside the rejection of NR Agarwal Industries Ltd's technical bid in a public tender. A Division Bench of Justice Bhargav D. Karia and Justice L.S. Pirzada observed, “the Independent Director stands on a different foot than the Director whether he is...
Municipal Dues Cannot Be Recovered From Auction Purchaser After IBC Liquidation: Calcutta High Court
The Calcutta High Court has held that once liquidation proceedings commence under the Insolvency and Bankruptcy Code, municipal dues must be dealt with strictly within the framework of the Code and cannot be enforced independently against auction purchasers through contractual clauses such as “as is where is” or “whatever there is." Such clauses generally mean that a buyer takes the property in its existing physical and legal condition, along with all visible defects, risks, and liabilities...
Jammu & Kashmir & Ladakh High Court Upholds 12% Post-Award Interest Despite 18% Rate Under Unamended Arbitration Law
The High Court of Jammu and Kashmir and Ladakh has dismissed an appeal filed by the Union of India challenging an arbitral award that granted 12 percent post-award interest, holding that the statutory 18 percent rate under the unamended law applies only where the award is silent.A Division Bench of Justice Rajnesh Oswal and Justice Rahul Bharti dismissed an appeal filed by the Union of India challenging and award including the grant of 12 percent future interest in favour of K.K. Enterprises...
Bombay High Court Restrains 'ACERIL' Trademark For Phonetic Similarity With Glenmark's 'ASCORIL'
The Bombay High Court on 16 February granted ad-interim relief to Glenmark Pharmaceuticals Ltd, temporarily restraining the use of the trademark “ACERIL” by Venkata Subbarao, after finding it visually and phonetically similar to Glenmark's registered mark “ASCORIL.” Justice Sharmila U. Deshmukh observed that although the two medicinal products treat different ailments, the similarity between the marks, if not restrained, could have a disastrous effect. She wrote: “Prima facie the visual and...
GST Authorities Cannot Enforce IGST Demand Against SREI Finance During Moratorium: Delhi High Court
The Delhi High Court on 12 February held that Goods and Services Tax (GST) authorities cannot pursue coercive recovery of tax dues against a corporate debtor during the moratorium under the Insolvency and Bankruptcy Code (IBC). A Bench of Justice Nitin Wasudeo Sambre and Justice Ajay Digpaul, set aside a demand of Rs. 67.5 lakh of Integrated Goods and Services Tax (IGST), including a penalty of 100% of the tax demand, raised on SREI Equipment Finance Limited (SEFL), observing that the GST...
Supreme Court Refuses To Interfere With P&H HC Ruling In Talwandi Sabo–Punjab Power Arbitration Dispute
The Supreme Court has recently refused to interfere with a Punjab and Haryana High Court decision dismissing a writ petition filed by Vedanta Group company Talwandi Sabo Power Ltd against an arbitral tribunal's order that held part of its claim fell outside the scope of arbitration in its dispute with Punjab State Power Corporation Ltd (PSPCL). A bench of Justices Sanjay Kumar and K. Vinod Chandran dismissed the special leave petition. The Court said, “The special leave petition is,...
Supreme Court Refuses To Interfere With Order Denying RCF Right To Retain ₹218 Crore Deposited By Thermax In Arbitration
The Supreme Court on Monday dismissed a special leave petition filed by Rashtriya Chemicals & Fertilizers Ltd (RCF) challenging a Bombay High Court order that refused to allow it to retain Rs. 218.45 crore deposited by Thermax Ltd after an arbitral award in its favour was set aside. A bench of Justices Pamidighantam Sri Narasimha and Alok Aradhe declined to interfere with the January 28, 2026 order of the High Court's division bench. The Court observed, “While we are not inclined to...