Supreme Court Asks NCLT To Re-Examine RP Appointment In Finefacilis Personal Guarantor Insolvency

The Supreme Court recently sent the issue of appointing a resolution professional in insolvency proceedings against a personal guarantor of Finefacilis Management Private Limited on a plea by Samman Capital back to the National Company Law Tribunal. It directed the tribunal to hear objections on whether the appointment followed the procedure under the Insolvency and Bankruptcy Code. The NCLT has been asked to pass a fresh order on the Section 95 application (Personal Guarantor Insolvency) ...

Only Civil Court Can Extend Arbitration Time Even When Arbitrator Is Appointed By High Court: Supreme Court

The Supreme Court has held that an application seeking extension of time for an arbitral tribunal under Section 29A of the Arbitration and Conciliation Act lies before the civil court, even in cases where the High Court has appointed the arbitrator. The court clarified that the High Court's role ends with the appointment of the arbitrator and does not continue during the arbitration. A Bench of Justice Pamidighantam Sri Narasimha and Justice R. Mahadevan said the jurisdiction exercised by a...

Delhi High Court Allows NHPC To Pursue Delayed Challenge To Parbati Project Arbitral Award

The Delhi High Court has allowed NHPC Limited to pursue a delayed challenge to an arbitral award arising from works executed for the Parbati Hydroelectric Project, after accepting its explanation for the time spent litigating before courts later found to lack territorial jurisdiction.Justice Subramonium Prasad noted that NHPC approached the Delhi High Court within 30 days of the Supreme Court settling the jurisdiction question. The court also took into account that NHPC first had to obtain the...

Real Estate Appellate Tribunal Can Remand Cases Despite No Express Power Under RERA: Kerala High Court

The Kerala High Court has recently held that the Real Estate Appellate Tribunal has the power to remand matters to the Real Estate Regulatory Authority for fresh consideration, even though the Real Estate (Regulation and Development) Act, 2016, does not expressly provide for such a power. The court dismissed appeals challenging a remand order passed by the tribunal and upheld the direction for reconsideration. Justice M.A. Abdul Hakhim said the tribunal's appellate powers are wide enough to...

Calcutta High Court Holds Amazon Not Liable For Brokerage Claim Without Signed Agreement With Pioneer

The Calcutta High Court has recently held that mere exchange of emails and incorporation of modifications in draft terms cannot, by itself result in a legally enforceable contract, particularly when the parties clearly intended execution of a written agreement.Justices Debangsu Basak and Md. Shabbar Rashidi allowed an appeal filed by Amazon Seller Services Pvt Ltd, which had challenged a trial court decree passed in favour of Pioneer Property Management Ltd. over alleged unpaid brokerage and...

'Would US Courts Do the Same?' Supreme Court Questions Pfizer On Plea To Access Indian Company's Documents

The Supreme Court on Thursday questioned whether foreign courts and Western authorities would reciprocate when Indian courts seek assistance through Letters Rogatory, while hearing a plea by US pharmaceutical major Pfizer. A Bench of Chief Justice of India Surya Kant and Justice Joymalya Bagchi was considering Pfizer's challenge to a Madras High Court judgment refusing to enforce Letters Rogatory issued by a United States court to obtain documents and testimony from Chennai-based Softgel...

Stamp Duty on DRT-Monitored Auction Sales To Follow Auction Price, Not Market Price: Bombay High Court

The Bombay High Court has reaffirmed that stamp duty on a sale certificate issued pursuant to a court-monitored auction, including auctions conducted by the Debt Recovery Tribunal, must be levied on the auction price and not on a higher market value independently assessed by stamp authorities.A Single Judge Bench of Justice N.J. Jamadar held that once a property is sold through a transparent, court-supervised auction process, stamp authorities cannot reassess its value by applying independent...

Exemption Claims Under Kerala Building Tax Act Must Be Referred To Government: Kerala High Court

The Kerala High Court on 14 January held that when a claim for exemption under the Kerala Building Tax Act is raised, statutory authorities are obliged to refer the matter to the State Government and cannot independently reject the claim while completing assessment proceedings. The ruling was delivered by Justice Ziyad Rahman A.A. while allowing a writ petition filed by M/s VPK Motors Pvt. Ltd., which runs a Toyota dealership at Kannur, challenging the levy of building tax on its premises...

Section 14 | Banks Can Take Possession Without Magistrate's Assistance Under SARFAESI: Madhya Pradesh High Court

The Madhya Pradesh High Court on Wednesday held that a secured creditor is not required to mandatorily approach the District Magistrate or Chief Metropolitan Magistrate under Section 14 of the SARFAESI Act before taking physical possession of secured assets, so long as the statutory requirements under Sections 13(2) and 13(4) are complied with. A Division Bench of Justice Anand Pathak and Justice Pushpendra Yadav set aside orders of the Debt Recovery Tribunal, Jabalpur, and the Debts Recovery...

Two-Year GST Refund Limitation Starts From Date Of Correct Payment: Kerala High Court

Earlier this month, the Kerala High Court held that the two-year limitation period under the GST law to claim refunds begins from the date on which tax is paid under the correct head, and not from the date of an earlier mistaken payment. The ruling was delivered by Justice Ziyad Rahman A.A. while allowing a writ petition filed by Pushpagiri Medical Society, a registered non-profit organisation running a hospital and medical education institutions in Kerala. The Bench observed: “The right to...

Delhi High Court Orders Refex Hotels to Change Name Over Similarity With Refex Industries

The Delhi High Court on Wednesday directed Refex Hotels Private Limited to change its corporate name, holding that the use of the word “REFEX” is undesirably similar to the name and registered trademark of Refex Industries Limited, a company incorporated much earlier.Justice Manmeet Pritam Singh Arora, in a judgment delivered on January 28, 2026, set aside a 2018 order of the Regional Director, Northern Region, Ministry of Corporate Affairs, which had declined to direct a name change on the...

Banks Must Examine MSME Restructuring Claims Before Proceeding Under SARFAESI: Calcutta High Court

The Calcutta High Court has recently held that once an MSME borrower raises a restructuring claim in reply to a SARFAESI demand notice, the bank cannot carry on with recovery proceedings without first taking a decision under the RBI's revival framework. Justice Krishna Rao said the obligation on the bank is mandatory when such a claim is made with reasons and an affidavit. “It is mandatory on the part of the bank that, in reply, if the borrower claims benefit of the FRAMEWORK with reasons...