Calcutta HC Sets Aside Injunction, Says Market Value, Not Plaint Valuation, Determines Commercial Suit Threshold

The Calcutta High Court has held that where a dispute relates to immovable property used for trade, the market value of the property, not the valuation stated in the plaint (for determining specified value under the Commercial Courts Act), must govern, while setting aside interim injunction orders in a tenancy dispute. A Division Bench of Justice Sabyasachi Bhattacharyya and Justice Biswaroop Chowdhury observed: “Thus, whatever might have been attributed as valuation in the plaint by the...

Karnataka High Court Dismisses State Commercial Appeal Over 444-Day Delay, Calls Explanation 'Misleading'

The Karnataka High Court on recently (April 28) refused to condone a 444-day delay by Karnataka Public Works Department authorities in filing a commercial appeal and dismissed the case. A Division Bench of Chief Justice Vibhu Bakhru and Justice C.M. Poonacha held that the explanation offered by the State authorities for the delay was “inaccurate and misleading.” “In view of the above, the averment that the notices had not been served on the appellants, is erroneous. Not only was the...

Dissent Must Be an “Informed Decision,” Not “Post Facto”: Calcutta High Court Sets Aside Majority Arbitral Award

The Calcutta High Court has set aside an arbitral award in favour of Neo Metaliks Limited, holding that a dissenting arbitrator cannot be excluded from deliberations and given the majority award only after it has been finalised. Justice Sabyasachi Bhattacharyya passed the ruling while allowing Kessels Engineering Works Pvt Ltd's challenge to the award and staying operation of the judgment for 30 days. Justice Bhattacharyya observed, “Deliberation between the co-arbitrators in a multi-member...

Commercial Courts Must Explain Refusal To Impose Safeguards While Denying Summary Judgments In Lease Disputes: Calcutta HC

The Calcutta High Court has recently held that when a tenant continues to occupy a property by relying on a lease agreement, a Commercial Court hearing a plea for summary judgment must explain why it is not requiring safeguards such as payment or security instead of simply sending the dispute to a full trial. Justice Hiranmay Bhattacharyya set aside a February 17, 2025 order of the Commercial Court at Rajarhat, which had rejected a summary judgment application filed by Flowers Valley...

Karnataka HC Directs Takedown Of AI-Morphed Content Depicting Dharmasthala Dharmadhikari Veerendra Heggade, Family

The Karnataka High Court has directed the State of Karnataka and the Bengaluru CEN Police Station to take immediate steps to ensure removal of AI-generated, morphed, manipulated, and fabricated images and video content depicting Dr. D. Veerendra Heggade, the Dharmadhikari of Sri Kshetra Dharmasthala, and his family members. The content is to be removed from all social media platforms, URLs, and press and media platforms within one week from receipt of a copy of the order. Justice S.R. Krishna...

Bombay High Court Orders Police To Ensure Hotel Horizon Property Handover, Flags Directors' Obstruction

The Bombay High Court recently (May 6) directed police to use reasonable force, if necessary, to ensure complete handover of Hotel Horizon Pvt Ltd's Juhu property to the successful resolution applicant. The court said the suspended directors were continuing to obstruct compliance with orders passed by the National Company Law Tribunal and the High Court.A Bench of Justices Manish Pitale and Shreeram V. Shirsat was hearing a plea by former resolution professional and interim manager Pravin R...

Bombay High Court Upholds Arbitral Award Rejecting Insurer's Undisclosed Expert Report In Claim Dispute

The Bombay High Court has recently upheld an arbitral award rejecting an insurer's reliance on an undisclosed expert opinion used to reduce an insured's claim, holding that the challenge essentially sought a reappreciation of evidence. Justice Gauri Godse held the arbitral tribunal was justified in discarding the insurer's expert report. “ The expert opinion's report is also rightly not accepted by the Tribunal. It is held that the expert was appointed without any intimation to the...

Timeline To Pass Arbitral Award Inapplicable If Arbitration Invoked Before 2015 Amendment: Delhi High Court

The Delhi High Court, in a family partnership dispute, has held that timelines introduced under the amended arbitration law for passing arbitral awards would not apply since arbitration had first been invoked before the amendment came into force. The 2015 amendment introduced a 12-month deadline for arbitral tribunals to make an award from the date they entered upon reference, extendable by six months with parties' consent. A division bench of Justices Prathiba M. Singh and Madhu Jain held,...

Commercial Courts Act Amendment Lowering Threshold To ₹3 Lakh Took Effect In 2018, Andhra Pradesh HC Rules In 2:1 Ruling

The Andhra Pradesh High Court has, by a 2:1 majority, held that Parliament's 2018 amendment lowering the minimum threshold for commercial disputes from ₹1 crore to ₹3 lakh took effect immediately, bringing such disputes within the commercial courts' framework without any separate State notification.The Court held that the threshold that determines whether a dispute qualifies as a commercial dispute (specified value) is distinct from the monetary limits that determine which court hears it...

Pending Company Winding-Up Cases Before HC Transferable To NCLT Unless At Irreversible Stage: Calcutta HC

The Calcutta High Court has held that pending company winding-up petitions before High Courts can be transferred to the National Company Law Tribunal even after admission, a winding-up order, and appointment of an Official Liquidator, so long as the proceedings have not reached an irreversible stage.Relying on Supreme Court rulings on transfer of winding-up proceedings, a Division Bench of Justice Debangsu Basak and Justice Shabbar Rashidi observed: “Post admission of a winding up petition,...

Calcutta High Court Quashes PMLA Case Against Louis Dreyfus India In ₹234 Crore Bank Fraud Case

The Calcutta High Court on Friday (May 22) quashed money laundering proceedings initiated by the Enforcement Directorate (ED) against Louis Dreyfus Company India Private Limited, the Indian subsidiary of Dutch-French commodities giant Louis Dreyfus Company. The case arose out of an alleged bank fraud of about ₹234.57 crore investigated by the CBI. The ED had alleged that the company was involved in circular trading transactions linked to three Letters of Credit (LCs) and had unlawfully received...

Rajasthan HC Sets Aside 10-Year-Old Decree Restricting Use Of 'METRO ENGINE' Mark, Orders Fresh Trial

The Rajasthan High Court on 19 May set aside a 2016 Trial Court judgment that had restrained Dhanvarsha Oil Mills from using the mark “METRO ENGINE” for its mustard oil products. Justice Sameer Jain held that registration of a trademark under Section 31 of the Trade Marks Act only raises a rebuttable presumption of validity and cannot, by itself, sustain a decree for infringement without a full trial on contested issues and remanded the suit for fresh adjudication on a de novo basis. He...