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Kanal postlari
High Court-Delhi:
Whether an arbitral award upholding forfeiture and retention of a Performance Bank Guarantee upon valid termination under Clause 18.4 can be interfered with under Section 34 merely because the employer’s counter-claim for quantified losses was rejected for want of proof?
Arbitration and Conciliation Act, 1996, Section 34; Instructions to Tenderers/Contract, Clause 18.4 and Condition 4/4.3 – challenge to arbitral award concerning forfeiture of Performance Bank Guarantee after termination of distributorship. The petitioner contended that since the arbitral tribunal rejected the respondent’s counter-claim for losses for want of proof, retention of the PBG was contrary to Condition 4 and patently illegal. Held that the scope of interference under Section 34 is...
Citation: (2026) ibclaw.in 5349 HC
Read More: https://ibclaw.in/sanjay-iron-steel-vs-steel-authority-of-india-and-anr-delhi-high-court/
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| 2 | High Court-Delhi:
Whether an arbitration agreement existed under Section 11(6) of the Arbitration and Conciliation Act, 1996 where the formal contract was not executed but the Letter of Intent, tender documents, performance guarantee, and conduct of parties prima facie constituted a binding contract?
Arbitration and Conciliation Act, 1996 – Sections 7, 11(6), 12(5), 16, 21 – General Conditions of Contract, Clauses 76 and 85 – issue was whether an arbitration agreement existed despite non-execution of the formal contract. Held that Clause 5.3(b) of the tender conditions provided that notification of award constituted formation of the contract subject only to furnishing of performance security, and that condition stood satisfied; Clause 85(i) expressly deemed the...
Citation: (2026) ibclaw.in 5165 HC
Read More: https://ibclaw.in/rsa-infra-project-pvt-ltd-vs-npcc-ltd-and-anr-delhi-high-court/
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| 3 | High Court-Delhi:
Whether an arbitral tribunal can adjudicate a borrower’s defence of project failure and loan waiver under Rule 19(13) of the Technology Development Board Rules, 1996 when the loan agreement reserves project-failure determination exclusively to the Monitoring Committee/Board?
Arbitration and Conciliation Act, 1996, Sections 18, 34, 34(2)(a)(iii), 4 and 16; Technology Development Board Rules, 1996, Rule 19(13) – challenge to arbitral award on the ground that the tribunal declined to decide the borrower’s defence of project failure and waiver of loan, and that the jurisdictional objection was raised belatedly. Held that under Article 3.5 of the loan agreement, the determination whether the project had succeeded or failed was...
Citation: (2026) ibclaw.in 5150 HC
Read More: https://ibclaw.in/cavera-systems-india-pvt-ltd-and-anr-vs-technology-development-board-delhi-high-court/
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| 4 | High Court-Calcutta:
Whether an MSME bidder can be denied the opportunity to match the L1 price under the tender conditions and Government procurement policy when the procuring entity did not opt MSE/MII purchase preference during bid creation on the GeM portal?
Micro, Small and Medium Enterprises Act, Section 11; Public Procurement Policy for Micro and Small Enterprises (MSEs) Order, 2012, Clauses 3 and 6; Tender conditions, Clause 16, Clause 19 and Clause 14 of Additional Terms and Conditions – petitioner MSE participated in GeM tender, obtained EMD exemption and turnover relaxation, and its reverse-auction price was within 15% of L1; respondents denied price-match opportunity on the ground that petitioner had not...
Citation: (2026) ibclaw.in 5014 HC
Read More: https://ibclaw.in/sanjay-kumar-agarwal-vs-steel-authority-of-india-ltd-sail-and-ors-calcutta-high-court/
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| 5 | High Court-Madras:
Whether a licensee authorised by the Airports Authority of India to collect airport admission ticket charges was liable to pay service tax on licence fee only from 01.06.2007 and not for the prior period in view of the CBEC circular and the Delhi High Court ruling?
Finance Act, 1994, Section 65(105)(zzm) and Section 65(105)(zzzz); Arbitration and Conciliation Act, 1996, Sections 34, 37; CBEC Circular No. 80/10/2004-S.T. dated 17.09.2004, Clause 5 – issue was whether the appellant, a licensee authorised by AAI to collect airport admission ticket charges, was liable to service tax on licence fee for the period prior to 01.06.2007 and whether the arbitral award directing withdrawal of debit notes and release of bank guarantee...
Citation: (2026) ibclaw.in 5194 HC
Read More: https://ibclaw.in/managing-director-karnataka-commercial-and-industrial-corporation-pvt-ltd-vs-airport-director-airports-authority-of-india-and-anr-madras-high-court/
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| 6 | REAT-Rajasthan:
Whether the Regulatory Authority can enforce its orders under Section 40(2) of the Real Estate (Regulation and Development) Act, 2016 by issuing a show-cause notice for civil imprisonment in execution proceedings arising from non-compliance with refund and related directions?
Bench: Mr. Justice Madan Gopal Vyas (Chairperson) and Mr. Yudhisthir Sharma (Judicial Member)
Real Estate (Regulation and Development) Act, 2016, Sections 40(1), 40(2), 43(5), 44, 8 and 61; Rajasthan Real Estate (Regulation and Development) Rules, 2017, Rules 25, 26 and 35(2)(c); Rajasthan Real Estate Regulatory Authority Regulations, 2024, Clauses 32, 34, 36 and 44 – appeals challenged an order directing issuance of show-cause notice and the consequent notice asking promoter/director and authorised representative to show cause why they should not be committed to...
Citation: (2026) ibclaw.in 585 REAT
Read More: https://ibclaw.in/alokik-buildcon-vs-lata-chhugani-and-anr-rajasthan-reat/
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| 7 | REAT-Karnataka:
Whether amounts collected by a house building co-operative society from its members before acquisition of land, formation of layout, and registration of any real estate project attract the Real Estate (Regulation and Development) Act, 2016 so as to confer jurisdiction on the Authority to grant refund under Section 18?
Bench: Ms. Justice J.M. Khazi (Chairperson) and Sri Santhosh Kumar Shetty N. (Judicial Member)
Real Estate (Regulation and Development) Act, 2016 – Sections 2(d), 2(zk), 2(zn), 3, 18 – Refund claim by member against house building co-operative society – issue was whether the Authority had jurisdiction where no land had been acquired, no layout formed, and no project registered. Held that for application of the Act, there must exist a real estate project and a promoter in relation to it; where the society had...
Citation: (2026) ibclaw.in 593 REAT
Read More: https://ibclaw.in/v-suresh-kumar-vs-bsnl-employee-welfare-house-and-anr-karnataka-reat/
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| 8 | NCLT-New Delhi Bench:
Whether the Income Tax Department can unilally adjust post-CIRP and post-liquidation income-tax refunds against pre-CIRP tax dues under Section 245 of the Income-tax Act despite Section 14, Section 53 and Regulation 29 of the insolvency framework?
Bench: Mr. Manni Sankariah Shanmuga Sundaram (Judicial Member) and Ms. Reena Sinha Puri (Technical Member)
Insolvency and Bankruptcy Code, 2016, Sections 14, 36, 53, 60(5)(b), 60(5)(c), 238; Income-tax Act, 1961, Sections 143(1), 178(6), 245; IBBI (Liquidation Process) Regulations, 2016, Regulation 29 – Issue was whether the Income Tax Department could adjust refunds determined after commencement of CIRP and after liquidation against its admitted pre-CIRP tax claim. Held that adjustments made during CIRP were barred, being appropriations for recovery of pre-CIRP tax demands during the Section...
Citation: (2026) ibclaw.in 3468 NCLT
Read More: https://ibclaw.in/gian-chand-narang-liquidator-vs-principal-commissioner-of-income-tax-nclt-new-delhi-bench/
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| 9 | NCLT-Hyderabad Bench:
Whether the appointment of a Resolution Professional proposed by the financial creditor in a creditor-filed application under Section 95 of the Insolvency and Bankruptcy Code, 2016 is contrary to Section 97 of the Code?
Bench: Shri Rajeev Bhardwaj (Judicial Member) and Shri Sanjay Puri (Technical Member)
Insolvency and Bankruptcy Code, 2016 – Sections 60(5), 95, 97, 98, 196; Insolvency and Bankruptcy (Application to Adjudicating Authority for Insolvency Resolution Process for Personal Guarantors to Corporate Debtors) Rules, 2019 – Rules 7(2), 8; IBBI Circular dated 21.12.2023 – personal guarantor sought recall of order appointing Resolution Professional on ground that in a creditor-filed Section 95 application, the Adjudicating Authority ought to have directed the IBBI to nominate the...
Citation: (2026) ibclaw.in 3439 NCLT
Read More: https://ibclaw.in/chintakunta-munnuswamy-rajesh-vs-murali-mohan-chevuturi-rp-and-ors-nclt-hyderabad-bench/
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| 10 | NCLT-Allahabad Bench:
Whether matured term deposits accepted under Deposit Confirmation Certificates constitute financial debt under Section 5(8) of the Insolvency and Bankruptcy Code, 2016, and can multiple depositors jointly maintain a Section 7 application to meet the Section 4 threshold despite an automatic renewal clause?
Bench: Shri Praveen Gupta (Judicial Member) and Shri Ashish Verma (Technical Member)
Insolvency and Bankruptcy Code, 2016 – Sections 4, 5(8), 7, 7(5), 8, 14, 15, 60(1). Section 7 application was jointly filed by 34 depositors on the basis of matured deposits accepted by the corporate debtor under Deposit Confirmation Certificates, aggregating Rs. 1,04,17,337/-. The corporate debtor opposed maintainability on grounds of limitation, joint filing to meet threshold, automatic renewal of deposits, and the plea that the deposits were mere investments and...
Citation: (2026) ibclaw.in 3484 NCLT
Read More: https://ibclaw.in/anju-maurya-and-ors-vs-koras-pin-savings-financial-services-nidhi-ltd-nclt-allahabad-bench/
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| 11 | NCLT-Mumbai Bench:
Whether a Section 7 application under the Insolvency and Bankruptcy Code, 2016 is maintainable on the basis of an arbitral award and established default notwithstanding objections based on limitation, MSME framework, parallel proceedings, disputed debt, and challenge to the vires of the Code?
Bench: Shri Nilesh Sharma (Judicial Member) and Shri Sameer Kakar (Technical Member)
Insolvency and Bankruptcy Code, 2016, Sections 7, 14, 238, 3(12), 4 and 5(8); Micro, Small and Medium Enterprises Development Act, 2006, Section 9; Multi State Co-operative Societies Act, 2002, Sections 84 and 97 – Section 7 petition by bank based on loan facilities, authenticated NeSL default record and arbitral award under MSCS Act – objections as to limitation, MSME framework, invalid arbitral award, parallel proceedings, disputed debt and vires of...
Citation: (2026) ibclaw.in 3446 NCLT
Read More: https://ibclaw.in/abhyudaya-co-operative-bank-ltd-vs-a-navinchandra-steels-pvt-ltd-nclt-mumbai-bench/
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| 12 | NCLT-Mumbai Bench:
Whether a resolution plan approved by the Committee of Creditors with 100% voting share and found compliant with Section 30(2) of the Insolvency and Bankruptcy Code, 2016 and the CIRP Regulations can be approved notwithstanding concerns regarding non-recovery of certain receivables by the Resolution Professional?
Bench: Shri Sushil Mahadeorao Kochey (Judicial Member) and Mr. Prabhat Kumar (Technical Member)
Insolvency and Bankruptcy Code, 2016 – Sections 29A, 30(2), 30(6), 31(1); IBBI (Insolvency Resolution Process for Corporate Persons) Regulations, 2016 – Regulations 38 and 39(4) – Application for approval of resolution plan approved by CoC with 100% voting share. Held that the Adjudicating Authority’s scrutiny was limited to whether the plan approved by the CoC satisfied Section 30(2) of the Code and the applicable CIRP Regulations. The Resolution Plan provided...
Citation: (2026) ibclaw.in 3445 NCLT
Read More: https://ibclaw.in/vivek-satyaprakash-jalan-rp-of-ark-industries-pvt-ltd-nclt-mumbai-bench/
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| 13 | High Court-Chhattisgarh:
Whether a sole arbitrator should be appointed under Section 11(6) of the Arbitration and Conciliation Act, 1996 where the contract contains an arbitration clause, the applicant has exhausted the contractual in-house dispute resolution mechanism, and both parties consent to appointment of a named arbitrator?
Arbitration and Conciliation Act, 1996 – Sections 7, 11(6), 21 – Application for appointment of arbitrator under a contract containing Clause 13 and Clause 13A providing for in-house dispute resolution followed by arbitration – applicant asserted that contractual disputes remained unresolved despite exhaustion of the two-stage in-house mechanism and issuance of notice invoking arbitration – respondents stated that they had no objection if an arbitrator was appointed – Held that...
Citation: (2026) ibclaw.in 5035 HC
Read More: https://ibclaw.in/s-kumars-associates-vs-south-eastern-coalfields-ltd-and-ors-chhattisgarh-high-court/
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| 14 | High Court-Delhi:
Whether the proceeds of a performance bank guarantee can be retained and appropriated without proof and quantification of loss where the contract excludes consequential losses and the arbitral tribunal ignored the contractual limitation clause?
Arbitration and Conciliation Act, 1996 – Section 34, Section 31A(3); Purchase Order dated 18.11.2017 as amended – Clause 17, Clause 13(f); Performance Bank Guarantee dated 24.04.2019 – challenge to arbitral award insofar as counter-claim for refund of encashed PBG was rejected and costs were awarded. Held that the arbitral tribunal itself had accepted only the purchaser’s claim for cost of replacement of defective ID fans and had rejected all other...
Citation: (2026) ibclaw.in 5219 HC
Read More: https://ibclaw.in/isgec-heavy-engineering-ltd-vs-prakash-industries-ltd-delhi-high-court/
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| 15 | High Court-Madras:
Whether, after the plaintiff proves execution of a promissory note and passing of consideration, the defendant can be said to have rebutted the presumption under Section 118(a) of the Negotiable Instruments Act, 1881?
Negotiable Instruments Act, 1881, Section 118(a) – Suit for recovery based on promissory note – defendant denied execution and consideration – plaintiff examined himself, attesting witnesses and fingerprint expert, and produced expert materials showing that the thumb impression in the promissory note belonged to the defendant. Held that the plaintiff had proved execution of Ex.A.1 promissory note and passing of consideration through sufficient evidence, thereby discharging the initial burden and...
Citation: (2026) ibclaw.in 5203 HC
Read More: https://ibclaw.in/t-p-kumaravel-vs-t-k-rangasamy-madras-high-court/
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| 16 | High Court-Delhi:
Whether an arbitration clause contained in the NIT and terms and conditions stood incorporated into the contract agreement, and whether objections of claim limitation and defective authorization could defeat appointment of an arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996?
Arbitration and Conciliation Act, 1996 – Sections 11(6), 11(6-A), 16, 21, 12(5), Section 7(5), Seventh Schedule. Petition for appointment of arbitrator arising out of contract for sanitation and housekeeping services – respondent objected that claims for incremental wages were time-barred, arbitration clause in NIT was not incorporated into formal agreement, and petition was filed without proper authorization. Held that at the Section 11 stage the Court is confined to prima...
Citation: (2026) ibclaw.in 5164 HC
Read More: https://ibclaw.in/shivalik-house-keeping-services-vs-office-in-charge-general-admin-delhi-high-court/
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| 17 | High Court-Delhi:
Whether objections to territorial jurisdiction under an exclusive jurisdiction clause and to limitation in a commercial recovery suit can be decided as preliminary issues when they depend on disputed facts and evidence?
Code of Civil Procedure, 1908 – Section 20, Order XIV Rule 2, Order VII Rule 11(d); Limitation Act, 1963 – Article 24; Commercial Courts Act, 2015 – Section 12A(4). In a commercial recovery suit alleging wrongful deduction of transaction charges under tripartite agreements, the defendant raised preliminary objections of want of territorial jurisdiction on the basis of an exclusive Chennai jurisdiction clause and bar of limitation. Held that an exclusive...
Citation: (2026) ibclaw.in 5345 HC
Read More: https://ibclaw.in/examinations-in-medical-sciences-vs-indiaideas-com-ltd-delhi-high-court/
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| 18 | High Court-Karnataka:
Whether under the proviso to Section 43(5) of the Real Estate (Regulation and Development) Act, 2016, a promoter appealing against an order awarding interest or compensation can maintain the appeal on deposit of only 30% of the amount instead of the total amount payable to the allottee?
Real Estate (Regulation and Development) Act, 2016, Section 43(5) proviso; Constitution of India, Article 141 – Issue before the larger Bench was whether, even where compensation had been awarded, a promoter could maintain an appeal before the Appellate Tribunal on deposit of only 30% of the amount or such higher amount as determined by the Tribunal. Held that the proviso to Section 43(5) makes a clear distinction between appeals against...
Citation: (2026) ibclaw.in 5116 HC
Read More: https://ibclaw.in/shrivision-towers-pvt-ltd-vs-shrivision-towers-pvt-ltd-and-anr-karnataka-high-court/
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Not just legal news —IBC Laws delivers a full-stack legal research platform, Check More Features: https://ibclaw.in/subscription/ | 18 |
| 19 | REAT-Himachal Pradesh(HP):
Whether an appeal under Section 43(5) of the Real Estate (Regulation and Development) Act, 2016 can be entertained without the mandatory pre-deposit on the ground that immovable properties were offered as security and the appellants lacked financial means?
Real Estate (Regulation and Development) Act, 2016, Section 43(5) – Appeal filed against an order of the Real Estate Regulatory Authority directing issuance of arrest warrants in accordance with the Himachal Pradesh Real Estate (Adjudication of Execution Petition) Regulation No. 3 of 2020 – appellants did not make the pre-deposit and sought waiver on the grounds that immovable properties had been offered as security and that they lacked financial means....
Citation: (2026) ibclaw.in 594 REAT
Read More: https://ibclaw.in/vikas-madan-and-anr-vs-real-estate-regulatory-authority-and-ors-himachal-reat/
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Not just legal news —IBC Laws delivers a full-stack legal research platform, Check More Features: https://ibclaw.in/subscription/ | 16 |
| 20 | REAT-Odisha:
Whether a promoter can deny delivery of possession and avoid liability to pay interest under Section 18(1)(b) of the Real Estate (Regulation and Development) Act, 2016 on the ground of encroachment over project land and a brochure clause expanding force majeure beyond Section 6?
Real Estate (Regulation and Development) Act, 2016 – Sections 2(zk), 6, 11(4)(f), 17, 18(1)(b); Odisha Real Estate (Regulation and Development) Rules, 2017 – Rule 16 – Appeal against ORERA order directing promoter to hand over allotted flat after completion and occupancy certificate and to pay interest for delayed possession – promoter relied on encroachment over project land and brochure clauses expanding force majeure and excluding liability for delay. Held that...
Citation: (2026) ibclaw.in 587 REAT
Read More: https://ibclaw.in/odisha-state-housing-board-vs-gouri-shankar-roy-and-anr-odisha-reat/
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Not just legal news —IBC Laws delivers a full-stack legal research platform, Check More Features: https://ibclaw.in/subscription/ | 17 |
