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Channel Posts
High Court-Himachal Pradesh
Whether an arbitral award made by a sole arbitrator unilaterally appointed by one party under the agreement can be executed, and can the executing court refuse execution by treating such award as a nullity?
Arbitration and Conciliation Act, 1996 – Sections 11(6), 12(5), Seventh Schedule; Code of Civil Procedure, 1908 – Section 115; Constitution of India – Article 14 – issue was whether an arbitral award made by a sole arbitrator unilaterally appointed by the petitioner-company under the loan agreement could be executed, and whether the executing court could refuse execution on the ground....
Read More: https://ibclaw.in/shriram-transport-finance-co-ltd-vs-ashutosh-chabbra-and-anr-himachal-pradesh-high-court/
Reported at: (2026) ibclaw.in 3556 HC
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| 2 | High Court-Kerala
Whether, in proceedings under Section 11 of the Arbitration and Conciliation Act, 1996, the Court can decline reference when the underlying agreement containing the arbitration clause is alleged to be forged, or need only examine the prima facie existence of the arbitration agreement?
Arbitration and Conciliation Act, 1996 – Sections 11 and 16 – petition for appointment of arbitrator where respondent denied execution of the agreement and alleged forgery. Held that the Court’s jurisdiction under Section 11 is restrained and limited to examining the prima facie existence of an arbitration agreement. Questions relating to genuineness of the agreement, arbitrability, dishonesty, jurisdiction and limitation....
Read More: https://ibclaw.in/jibu-john-vs-biju-raju-kerala-high-court/
Reported at: (2026) ibclaw.in 3584 HC
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| 3 | High Court-Madhya Pradesh
Whether, under a BOT road contract, an arbitral tribunal can treat expenditure exceeding the probable project cost as extra work and award additional toll-collection days notwithstanding the contract clauses requiring the bidder to assess the work, traffic, and risk before bidding?
Arbitration and Conciliation Act, 1996 – Sections 34 and 37 – Held that in a BOT contract where the bidder was contractually required to inspect the site, assess the scope of work, traffic and risks, and quote the toll-collection period accordingly, the probable project cost mentioned in the NIT was only indicative and not a binding contract value. The work....
Read More: https://ibclaw.in/g-h-vijapura-infrastructure-pvt-ltd-vs-executive-engineer-government-of-madhya-pradesh-madhya-pradesh-high-court/
Reported at: (2026) ibclaw.in 3595 HC
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| 4 | High Court-Delhi
Whether an arbitral award granting prolongation-related claims can be sustained when the contractor did not challenge the Engineer's extension of time recommendations rejecting prolongation costs, and whether awards on unpaid work, confiscated machinery and loss of profit were liable to interference under Sections 34 and 37 of the Arbitration and Conciliation Act, 1996?
Arbitration and Conciliation Act, 1996 – Sections 34, 37(1)(c), 23(3), 43; COPA/GCC – Clauses 10.2, 46.1, 63.1, 63.2, 63.3, 70 – challenge to arbitral award on claims for unpaid work, prolongation-related overheads, increased rates, idling machinery, confiscated machinery and loss of profit. Held that the scope of interference under Sections 34 and 37 is narrow and the Court cannot reappreciate....
Read More: https://ibclaw.in/national-highways-authority-of-india-vs-progressive-constructions-ltd-delhi-high-court/
Reported at: (2026) ibclaw.in 3297 HC
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| 5 | High Court-Chhattisgarh
Whether an MSME Facilitation Council award can be executed when the record does not show termination of conciliation under Section 18 of the MSMED Act and commencement of arbitration in accordance with the Arbitration and Conciliation Act, 1996?
Constitution of India, Article 227; Micro, Small and Medium Enterprises Development Act, 2006, Sections 18 and 19; Arbitration and Conciliation Act, 1996, Sections 23, 24, 25, 34 and 36 – challenge to execution of MSME Council award on ground that no valid arbitration ever commenced after conciliation. Held that though the Facilitation Council had jurisdiction to entertain the reference, its....
Read More: https://ibclaw.in/jai-balaji-industries-ltd-vs-garuda-ispat-pvt-ltd-chhattisgarh-high-court/
Reported at: (2026) ibclaw.in 3438 HC
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| 6 | REAT-Tamil Nadu(TN)
Whether advertisement of villas in a registered layout project without separate TNRERA registration for villa construction and without prominently displaying the registration particulars violates Sections 3(1) and 11(2) of the Real Estate (Regulation and Development) Act, 2016?
Real Estate (Regulation and Development) Act, 2016, Sections 3(1), 11(2), 59(1), 35(1) and 37 — Appeal against penalty for flex board/banner advertisement relating to a registered layout project. The issue was whether registration of the layout project was sufficient when the advertisement invited purchasers to book villas and whether mention of the TNRERA number in small font satisfied Section 11(2).....
Read More: https://ibclaw.in/max-properties-pvt-ltd-vs-tamil-nadu-real-estate-regulatory-authority-tamil-nadu-reat/
Reported at: (2026) ibclaw.in 372 REAT
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| 7 | REAT-Odisha
Whether a penalty under Sections 3 and 59 of the Real Estate (Regulation and Development) Act, 2016 could be sustained when the suo motu proceeding was initiated on a confused and erroneous factual basis against a plotted scheme asserted to have been approved prior to the Act?
Real Estate (Regulation & Development) Act, 2016, Sections 3, 35 and 59 — challenge to penalty imposed in a suo motu complaint for alleged sale of apartments without registration — appellant contended that its project was a plotted scheme approved by BDA prior to the Act and that the Authority had wrongly relied on a different complaint concerning another company....
Read More: https://ibclaw.in/mandakini-resorts-pvt-ltd-vs-secretary-orera-odisha-reat/
Reported at: (2026) ibclaw.in 356 REAT
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| 8 | REAT-Telangana
Whether division of agricultural land into 449 plots with development works and sale of such plots brings the venture within the definition of a real estate project under Section 2(zn) of the Real Estate (Regulation and Development) Act, 2016, requiring registration under Sections 3 and 4 of the Act?
Real Estate (Regulation and Development) Act, 2016 – Sections 2(zk)(ii), 2(zn), 3, 4, 59 and 60. Appeal against order of the Regulatory Authority imposing penalty and restraining further advertisement and sale of plots in project “Siri Vanam” on the ground of non-registration. The appellant contended that the land was agricultural, sales were before the Tahsildar, there was no development or....
Read More: https://ibclaw.in/sunrise-infra-properties-pvt-ltd-vs-chief-editor-four-sides-network-broadcasting-pvt-ltd-telangana-reat/
Reported at: (2026) ibclaw.in 371 REAT
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| 9 | DRAT-Chennai
Whether, after remand for fresh consideration of an OA, the Bank can seek striking off a written statement filed beyond the period under Section 19(5)(i) of the RDB Act, 1993 despite having earlier participated in the proceedings without objecting to the delay and where such issue was not raised before the High Court at the remand stage?
Recovery of Debts and Bankruptcy Act, 1993, Section 19(5)(i); Debt Recovery Tribunal (Procedure) Rules, 1993, Rule 12(7) – issue was whether, after remand of the OA for fresh consideration, the Bank could seek striking off the defendants’ written statement on the ground that it had been filed beyond the statutory period, though no objection had been raised when the statement....
Read More: https://ibclaw.in/g-jawahar-and-anr-vs-city-union-bank-ltd-drat-chennai/
Reported at: (2026) ibclaw.in 215 DRAT
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| 10 | DRAT-Chennai
Whether dismissal of a securitisation application challenging sale notice, auction sale, valuation, reserve price, and Section 14 SARFAESI order can be sustained without independent consideration of those specific grounds, and whether the borrower could question the contractual interest charged by the bank?
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Sections 13(2), 13(4), 14; Security Interest (Enforcement) Rules, 2002, Rules 8(5), 8(6), 9(1) – challenge to SARFAESI measures on grounds of excess interest, wrongful NPA classification, invalid possession notice, undervaluation, defective sale notice, auction sale and Section 14 order. Held that the loan documents showed the first....
Read More: https://ibclaw.in/m-s-suburaman-vs-authorized-officer-tamilnad-mercantile-bank-ltd-and-ors-drat-chennai/
Reported at: (2026) ibclaw.in 218 DRAT
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| 11 | REAT-Telangana
Whether persons claiming independent title over land included in a registered real estate project, but who are neither allottees nor connected with the project, are aggrieved persons entitled to maintain a complaint under Section 31(1) of the Real Estate (Regulation and Development) Act, 2016?
Real Estate (Regulation and Development) Act, 2016, Sections 31(1), 7, 44(1) – complaint was filed by persons claiming ownership over land allegedly included in the promoter’s registered project and seeking cancellation of the project registration. Held that the appellants were neither allottees nor purchasers nor parties connected with the project, and their grievance was in substance a rival title claim....
Read More: https://ibclaw.in/n-l-ravi-shankar-and-anr-vs-registrar-tg-real-estate-regulatory-authority-and-ors-telangana-reat-2/
Reported at: (2026) ibclaw.in 347 REAT
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| 12 | High Court-Calcutta
Whether, at the stage of Section 11 of the Arbitration and Conciliation Act, 1996, a No Claim Certificate can bar reference of disputes to arbitration despite the existence of a valid arbitration agreement?
Arbitration and Conciliation Act, 1996 – Sections 11, 12, 12(5), 16, 37(2)(a) – petition for constitution of arbitral tribunal after earlier tribunal terminated proceedings holding claims to be excepted matters on basis of No Claim Certificate. Held that the Court at the Section 11 stage is concerned only with the existence of a valid arbitration agreement, which was undisputed here,....
Read More: https://ibclaw.in/rajpath-contractors-and-engineers-ltd-vs-union-of-india-and-anr-calcutta-high-court/
Reported at: (2026) ibclaw.in 3417 HC
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| 13 | NCLT-Kolkata Bench
Whether a single allottee under a real estate project can maintain an application under Section 7 of the Insolvency and Bankruptcy Code, 2016 without satisfying the threshold in the second proviso to Section 7(1)?
Insolvency and Bankruptcy Code, 2016, Sections 7(1) and 5(8)(f); Insolvency and Bankruptcy Code (Amendment) Act, 2020, Section 3 – issue was whether the applicant, an allottee in a real estate project, could trigger CIRP without meeting the homebuyer threshold under the second proviso to Section 7(1). Held that the applicant fell within the category of allottee under a real estate....
Read More: https://ibclaw.in/ashley-brian-hyams-vs-greentech-city-pvt-ltd-nclt-kolkata-bench/
Reported at: (2026) ibclaw.in 2248 NCLT
Bench: Ms. Bidisha Banerjee (Judicial Member) and Shri Cmde Siddharth Mishra (Retd.) (Technical Member)
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| 14 | NCLT-New Delhi Bench Court-II
Whether unpaid employment dues can sustain a Section 9 application under the Insolvency and Bankruptcy Code, 2016 when part of the claim falls within Section 10A, interest is unsupported by agreement, and a pre-existing dispute exists as to the quantum payable?
Insolvency and Bankruptcy Code, 2016 – Sections 4, 5(21), 8, 9 and 10A; Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016 – Rules 5 and 6 – employee filed Section 9 application for unpaid employment dues and interest. Held that employment dues are included within “operational debt” under Section 5(21), and a petition under Section 9 can in principle....
Read More: https://ibclaw.in/capt-devesh-bbyan-vs-spicejet-ltd-nclt-new-delhi-bench/
Reported at: (2026) ibclaw.in 2162 NCLT
Bench: Shri Mahendra Khandelwal (Judicial Member) and Ms. Anu Jagmohan Singh (Technical Member)
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| 15 | NCLT-New Delhi Bench
Whether a company petition dismissed for non-prosecution can be restored despite the restoration application being filed beyond the 30-day period under Rule 48(2) of the National Company Law Tribunal Rules, 2016, by invoking Rule 11 on sufficient cause being shown?
National Company Law Tribunal Rules, 2016 – Rule 11, Rule 48 – restoration of petition dismissed for non-prosecution – application filed beyond 30 days. The petition under Section 10 of the Insolvency and Bankruptcy Code, 2016 had been dismissed for want of prosecution on the basis that on the previous date no one had appeared for the applicant and the....
Read More: https://ibclaw.in/zeal-impressions-pvt-ltd-nclt-new-delhi-bench/
Reported at: (2026) ibclaw.in 2163 NCLT
Bench: Mr. Manni Sankariah Shanmuga Sundaram (Judicial Member) and Ms. Reena Sinha Puri (Technical Member)
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| 16 | NCLT-Bengaluru Bench
Whether expenses incurred by the Resolution Professional in complying with Enforcement Directorate summons under the PMLA form part of CIRP costs under Sections 5(13) and 25 of the Insolvency and Bankruptcy Code, 2016?
Insolvency and Bankruptcy Code, 2016, Sections 5(13), 25 and 60(5); Prevention of Money Laundering Act, 2002, Section 50 – claim for reimbursement of expenses incurred by the Resolution Professional in complying with Enforcement Directorate summons during CIRP – whether such expenditure constituted CIRP costs. Held that the summons required the Resolution Professional to produce records, appear, and provide explanations in....
Read More: https://ibclaw.in/aneetha-subramaniam-liquidator-vs-jammu-kashmir-bank-and-ors-nclt-bengaluru-bench/
Reported at: (2026) ibclaw.in 2297 NCLT
Bench: Shri Sunil Kumar Aggarwal (Judicial Member) and Shri Radhakrishna Sreepada (Technical Member)
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| 17 | NCLT-Hyderabad Bench
Whether a claim arising from import facilitation, high sea sale of goods, pledge, letters of credit, and an arbitral award can be classified as a financial debt under Section 5(8) of the Insolvency and Bankruptcy Code, 2016?
Insolvency and Bankruptcy Code, 2016, Sections 5(8) and 60(5); National Company Law Tribunal Rules, 2016, Rule 11 — issue was whether a claim founded on import facilitation, Letter of Credit and Buyer’s Credit arrangements, High Sea Sale Contract, Deed of Pledge, and an arbitral award could be treated as financial debt. Held that the underlying transaction was essentially a commercial....
Read More: https://ibclaw.in/pec-ltd-vs-k-sivalingam-rp-of-ncs-sugars-ltd-nclt-hyderabad-bench/
Reported at: (2026) ibclaw.in 2204 NCLT
Bench: Shri Rajeev Bhardwaj (Judicial Member) and Shri Sanjay Puri (Technical Member)
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| 18 | NCLT-Jaipur Bench
Whether a Corporate Debtor can seek deferment of a Section 7 proceeding on the basis of mediation said to be underway when the fact of mediation was available earlier but was not placed before the Bench or the third Member, and whether the IRP proposed by the Financial Creditor can be replaced merely on an allegation of likely bias and location inconvenience?
Companies Act, 2013, Section 419(5); Insolvency and Bankruptcy Code, 2016, Sections 7 and 7(3); National Company Law Tribunal Rules, 2016, Rule 11 – Corporate Debtor sought deferment of further orders in a Section 7 petition on the basis of pending mediation before the Delhi High Court and also sought replacement of the IRP proposed by the Financial Creditor. Held that....
Read More: https://ibclaw.in/shantanu-investments-pvt-ltd-vs-aksh-optifibre-ltd-nclt-jaipur-bench/
Reported at: (2026) ibclaw.in 2217 NCLT
Bench: Ms. Reeta Kohli (Judicial Member) and Ms. Kavita Bhatnagar (Technical Member)
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| 19 | NCLT-Bengaluru Bench
Whether, after approval and implementation of a Resolution Plan under Section 31 of the Insolvency and Bankruptcy Code, 2016, the Adjudicating Authority can reopen the CIRP and order a fresh forensic investigation on the basis of allegations founded on material already available during the CIRP?
Companies Act, 2013, Section 420(2)(c); Insolvency and Bankruptcy Code, 2016, Sections 31, 53 and 61 – operational creditor sought recall/review of resolution plan approved on 15.02.2023, forensic audit, investigation into alleged fraudulent, preferential and undervalued transactions, and action against the erstwhile RP. Held that the resolution plan had attained finality, no appeal having been filed under the statutory mechanism, and....
Read More: https://ibclaw.in/yogitha-vijaykumar-vs-shirley-mathew-ersthwhile-rp-of-maylari-agro-products-ltd-nclt-bengaluru-bench/
Reported at: (2026) ibclaw.in 2308 NCLT
Bench: Shri Sunil Kumar Aggarwal (Judicial Member) and Shri Radhakrishna Sreepada (Technical Member)
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| 20 | NCLT-Hyderabad Bench
Whether an auction purchaser of assets sold in liquidation from a unit situated in a notified SEZ is liable to pay customs duty on clearance of goods from SEZ to DTA under Section 30 of the SEZ Act and the auction sale terms?
Insolvency and Bankruptcy Code, 2016 – Sections 60(5), 238; Special Economic Zones Act, 2005 – Section 30; Special Economic Zones Rules, 2006 – Rule 48; Customs Act, 1962 – Section 108. Dispute concerned whether customs duty on assets sold during liquidation by a Corporate Debtor situated in a notified SEZ could be recovered from the successful auction purchaser. Held that....
Read More: https://ibclaw.in/saffire-ispat-pvt-ltd-vs-directorate-of-revenue-intelligence-and-anr-nclt-hyderabad-bench/
Reported at: (2026) ibclaw.in 2215 NCLT
Bench: Shri Rajeev Bhardwaj (Judicial Member) and Shri Sanjay Puri (Technical Member)
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