Himachal Pradesh High Court Excludes Automatic Stay Period From Limitation For Execution Of Arbitral Award

The Himachal Pradesh High Court has held that an execution petition filed in 2025 to enforce a 2012 arbitral award was within limitation. It held that the period during which the award was deemed to be automatically stayed under the law then prevailing had to be excluded while calculating limitation.Justice Jyotsna Rewal Dua observed, “In the instant case, objections under Section 34 of the Act were preferred by the respondent-Judgment Debtor within the prescribed limitation period. Therefore,...

Disputes From Residential Real-Estate Development Can Be Commercial If Profit Oriented: Calcutta High Court

The Calcutta High Court has recently observed that a real estate development agreement can qualify as a commercial dispute even if the project is residential in nature and even if both parties are not engaged in the business.Justice Shampa Sarkar said the agreement, when read as a whole, showed that the property was meant to be commercially exploited. “The cumulative effect of the agreement was that the parties jointly agreed to put the property to commercial use, thereby earning from the...