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Bombay High Court Allows Supplier in Arbitration Petition as MSEFC Fails to Act on Payment Claim; Section 18 of MSMED Act Creates Statutory Arbitration Agreement Justifying Section 11 Petition.

The dispute involved a supplier who had executed a purchase order dated June 8, 2018, and supplied goods to the respondent buyer. Invoices were raised...

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NCLAT Dismisses Shareholder's Appeal Against Admission of CIRP for Corporate Debtor Under Section 9 IBC. Pre-Existing Dispute Not Established as Dispute Raised After Demand Notice and Lacking Evidence.

The present appeal was filed by Surendra Sancheti, a shareholder of Altius Digital Private Limited (Corporate Debtor), under Section 61 of the Insolve...

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Bombay High Court Dismisses Appeal Against Acquittal in Cheque Dishonour Case — Appellant Failed to Prove Legally Enforceable Debt. The court held that the presumption under Section 139 of the Negotiable Instruments Act, 1881 was rebutted by the accused, and the acquittal was proper.

The appellant, M/s. IVY Jewellery Pvt Ltd, a company dealing in diamond jewellery, filed a complaint under Section 138 of the Negotiable Instruments A...

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Bombay High Court Grants Conditional Leave to Defend in Summary Suit — Emphasizes Need for Brevity in Pleadings. The court allowed the defendants to defend the suit on condition of depositing a portion of the claimed amount, while deprecating prolix pleadings.

The applicant, JSW Steel Ltd., filed a summary suit under Order 37 of the Code of Civil Procedure, 1908, against M/s. Paras Das Jain and Sons and two ...

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Bombay High Court Dismisses Petition Challenging Arbitral Award in Advertising Contract Dispute. Court Upholds Award of Rs.29,51,000 with 12% Interest for Breach of Contract Relating to Free Commercial Time Banking Policy.

The petitioners, M/s. Media Masters and its partner, challenged an arbitral award dated 13th March, 2009 passed by a Sole Arbitrator. The award allowe...

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Bombay High Court Allows Revenue's Appeal in Transfer Pricing Case — Royalty on Bad Debts Not Deductible Without Actual Sales. ITAT erred in deleting disallowance of royalty paid on bad debts where software did not work, as no sale occurred.

The case involves an appeal by the Commissioner of Income Tax under Section 260A of the Income Tax Act, 1961, against an order of the Income Tax Appel...

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Bombay High Court Allows Revenue Appeal in Central Excise Case — Interest Under Section 11AB Cannot Be Waived. Mandatory Interest Provision Requires Payment of Interest on Delayed Duty Even if Penalty Is Waived.

The case involves an appeal by the Revenue (Commissioner of Central Excise and Customs) against an order of the Customs, Excise & Service Tax Appellat...