Case Analysis

28th Oct, 2023

Compensation for prolongation period can’t be granted if the Contractor didn’t reserve claim for compensation while claiming Extension of Time.

In the matter of IRCON International Ltd vs. DMRC O.M.P (COMM) 165/2023, decided by Hon’ble Delhi High Court on 9.10.2023. Facts of the case- A contract was executed between the parties for work of Supply, […]
21st Oct, 2023

Suit filed against dead person is a nullity, substitution of LR’s under Order 22 Rule 4 of the Code of Civil Procedure, 1908 is not permissible

In the matter of Laxminarayan & Ors V. Jankibai Died Through Lrs Smt. Suman @ Shakuntala & Ors decided by the Hon’ble High Court of Madhya Pradesh (Civil Revision No. 591 Of 2023) on 23.02.2023. […]
20th Oct, 2023

Interim order for deposit of entire claim cannot be ordered unless conditions of Order 38 Rule 5 are satisfied.

In the matter of Dr. Vivek Jian versus Prepladder Private Ltd., OMP(I) COMM. 397 OF 2022 decided by the Hon’ble High Court of Delhi on 09.10.2023. Universal citation: 2023 DHC 7263   FACTS: The parties […]
21st Feb, 2023

No clash of interest involved when the adjudicating Arbitrator had accepted brief of party’s lawyer in an unrelated matter previously

In the matter of Quess Corp versus Netcore Cloud Pvt Ltd (Arbitration Petition (L) No. 24705 OF 2022) decided by the Hon’ble Bombay High Court on 17.01.2023   FACTS: After certain disputes arose between the […]
20th Feb, 2023

Arbitration clause wherein a party is forced to choose an arbitrator from a panel decided by another party falls foul of Section 12(5) r/w Schedule VII of A&C Act

The Hon’ble Bombay High Court vide its judgment dated 27.01.2023 in the matter of “PSP Projects Limited vs. Bhiwandi Nizampur City Municipal Corp., Arbitration Petition No. 89/2021” had the occasion to decide whether arbitration clauses […]
20th Feb, 2023

Appeal against the order passed u/s 36 of the A&C Act is not maintainable u/s 13 of the Commercial Courts Act, 2015.

In the matter of H P Cotton Textile Mills Ltd Vs. Oriental Insurance Company Limited, EFA (OS) (COMM) 15/2018, decided by the Hon’ble Delhi High Court on 23.01.2023. Facts of the Case- The appellant had […]
20th Feb, 2023

Reference under Section 18(1) of MSMED Act would override Arbitration Agreement between parties

In the matter of Bajaj Electricals Limited versus Chanda S. Khetawat & Anr. (Arbitration Application No. 2/2022) decided by the Hon’ble Bombay High Court on 16.01.2023. FACTS: The applicant, Bajaj Electricals Limited, issued Purchase Orders […]
13th Jan, 2023

Dues under MSMED Act will not prevail over SARFAESI Proceedings

In the case of Kotak Mahindra Bank Ltd. v Girnar Corrugators Pvt Ltd decided by Hon’ble Supreme Court on 05.01.2023. FACTS The present appeal is preferred by Kotak Mahindra Bank ltd against the Judgment dated […]
13th Jan, 2023

Complainant putting date on cheque without drawer’s consent renders instrument void

In the matter of M/s. Pinak Bharat and Company v. Anil Ramrao Naik (Criminal Appeal Nos. 1630 and 1631 of 2011) decided on 22.12.2022 by the Hon’ble Bombay High Court.   FACTS: The appellant is […]
9th Jan, 2023

Failure of defendant to file written statement within prescribed time would not ipso facto and by itself justify invocation, of Order VIII Rule 10 to decree the suit without further process.

In Kleenoil Filtration India Pvt. Ltd vs. Udit Khatri & Ors., CS (COMM) 72/2022, decided by the Hon’ble Delhi High Court on 05.01.2023 The Hon’ble Court in the aforesaid matter came across the question as […]
21st Dec, 2022

When a relief is only incidental to the relief of partition, no separate court fees needs to be paid on the incidental relief

In the case of Shampa Ghosh v Alok Kumar Dey (2022/DHC/005053) decided by Hon’ble Delhi High Court on 23.11.2022. FACTS: The present suit was filed on behalf of the Plaintiff seeking reliefs of partitions, permanent […]
15th Nov, 2022

Purpose of acquisition of land – an essential factor for determining market value

The Hon’ble Supreme Court vide its judgment dated 09.11.2022 in “S. Shankaraiah through GPA holder & Ors. vs. The land acquisition officer & Revenue Divisional officer Peddapali, Karimnagar Dist. & Ors.” had the occasion of […]