Supreme Court & High Courts
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...
Supreme Court Dismisses Plea Against Allahabad HC Ruling Upholding DRT Registrar's Power to Issue Notice Under SARFAESI
The Supreme Court on Tuesday dismissed a special leave petition challenging an Allahabad High Court ruling that upheld the authority of the Registrar of the Debts Recovery Tribunal to issue notice in a securitisation application under the SARFAESI Act. A Bench of Justices Dipankar Datta and Satish Chandra Sharma declined to interfere with the High Court's decision, observing, “We are not inclined to interfere with the impugned judgment and order of the High Court; hence, the special leave...
Kerala High Court Quashes Composite GST Notices Issued to Actor Honey Rose
The Kerala High Court on Monday refused to set aside composite GST show cause notices and assessment orders issued to actor Honey Rose Varghese and several other taxpayers, holding that it was bound by earlier Division Bench rulings requiring separate proceedings for each assessment year. Allowing the batch of petitions, Justice Ziyad Rahman A.A. observed that there was no stay on the earlier orders of the court and was therefore bound by it. “In this case, evidently, no stay is also obtained...
Delhi High Court Imposes ₹50,000 Costs On Patent Owner For “Unnecessary Litigation”
The Delhi High Court on Tuesday refused to allow Pawan Kumar Goel to withdraw his patent infringement suit over a patented process for extracting Alpha Yohimbine, a plant-derived compound used in dietary supplements, and imposed costs of Rs. 50,000 for “unnecessary litigation.” Justice Tushar Rao Gedela declined Goel's request under Order XXIII Rule (1)(3)(b) of the Code of Civil Procedure seeking permission to withdraw the suit with liberty to institute a fresh suit on the same cause of...