Calcutta High Court Quashes LOC Against Ex-Elder Pharma Employee In ₹1,300 Crore SFIO Probe

The Calcutta High Court has quashed a Look Out Circular against Debanjan Hazra, a former Elder Pharmaceuticals employee living in China since 2013, holding that it violated his right to personal liberty under Article 21.Earlier, a single judge of the Calcutta High Court had refused to quash the Look Out Circular. A Division Bench of Justices Shampa Sarkar and Ajay Kumar Gupta, in appeal, held the LOC was based on “speculative apprehension” and was “arbitrary and disproportionate,”...

Bombay High Court Rules Damages Under Arbitral Award Not Taxable Under GST In Tata Sons–NTT Docomo Case

The Bombay High Court has held that the Rs. 8,450 crore paid by Tata Sons to NTT Docomo under an arbitral award cannot be subjected to GST.The payment arose from a dispute over Docomo's exit rights under a shareholders' agreement in Tata Teleservices, and the Court rejected the tax department's claim that it amounted to a taxable service. A Division Bench of Justices G.S. Kulkarni and Aarti Sathe was considering whether settlement of the arbitral award and the accompanying consent terms could...

Deductions For Captive Power Profits Cannot Reduce Export Profit Deduction When Businesses Are Separate: Calcutta HC

The Calcutta High Court has ruled that deductions claimed on profits from captive power generation and export businesses must be computed independently and cannot be reduced against each other where the incomes arise from distinct sources. “The deduction granted under Section 80-IA cannot be reduced while computing profits eligible for deduction under Section 80HHC where the deductions arise from independent businesses,” the court held. A division bench of Justice Rajarshi Bharadwaj and...

Bidder Cannot Reopen Concluded E-Auction Due To Own Technical Glitch: Calcutta High Court

On 23 April, the Calcutta High Court held that a bidder cannot seek reopening of a concluded e-auction process on the ground of a technical glitch arising at its own end, as such a plea cannot justify a second opportunity once the auction has closed. A Bench of Justice Krishna Rao dismissed a writ petition filed by City Mall Vikash Pvt Ltd and another against the Union of India and Syama Prasad Mookerjee Port (Kolkata), which had issued a tender for allotment of land inside the CME compound at...

Calcutta High Court Orders Enforcement of ₹1.34 Crore Arbitral Award Against L&T

The Calcutta High Court recently directed enforcement of an arbitral award of about Rs.1.34 crore in favour of UK Mechanical Engineering Pvt. Ltd. against Larsen & Toubro Ltd., holding that the award had attained finality and must be executed as it stands, while declining to grant any enhanced interest on the differential amount.Justice Gaurang Kanth was dealing with an execution petition filed under Section 36 of the Arbitration and Conciliation Act seeking enforcement of the arbitral award...

Calcutta High Court Dismisses Appeal Seeking Modification Of Arbitral Award Stay, Says Plea Not Appealable

The Calcutta High Court has dismissed an appeal seeking modification of the conditions of stay of an arbitral award to permit withdrawal of about Rs. 61.20 crore, holding that such orders are not appealable under Section 37 of the Arbitration Act. The court clarified that a post-award application that does not seek protection or preservation of the subject matter cannot be treated as an interim measure appealable. Rejecting Mackintosh Burn Limited's bid to withdraw about Rs 61.20 crore...

Calcutta High Court Restores Arbitral Award In Bhubaneswar Airport Terminal Construction Dispute

The Calcutta High Court on Thursday set aside a Single Judge's order that had interfered with an arbitral award in a dispute over construction of a terminal and allied buildings at Bhubaneswar Airport. The court held that the court exercising jurisdiction under Section 34 cannot substitute the arbitrator's plausible view with its own. A Division Bench of Justices Debangsu Basak and Md. Shabbar Rashidi was hearing appeals filed by NBCC India Limited against the July 1, 2024 order by which the...

Calcutta HC Refuses To Stay Single Judge Order In Chrestien Mica Liquidation Case Over Fraud Allegations

The Calcutta High Court has refused to stay a single judge's order that stepped in to undo alleged fraudulent dealings in the decades-old liquidation of Chrestien Mica Industries Ltd., holding that the High Court exercising company jurisdiction retains authority once winding-up proceedings reach an “irreversible stage." A division bench of Justice Sabyasachi Bhattacharyya and Justice Supratim Bhattacharya said the transfer of such cases to the National Company Law Tribunal (NCLT) is permissible...

Calcutta High Court Upholds CEO West Bengal Show Cause Notice In 2024 Lok Sabha Poll Webcasting Contract Dispute

The Calcutta High Court has refused to interfere with a show-cause notice issued to Pho Com Net Pvt Ltd in connection with a Rs. 25.9 crore contract for providing webcasting and live monitoring services during the 2024 Lok Sabha elections, holding that the dispute raised involves contested factual issues not suited for adjudication in writ jurisdiction. Upholding a Single Judge's decision to dismiss the company's writ petition, a Division Bench of Justices Arijit Banerjee and Apurba Sinha Ray...

Calcutta HC Grants Summary Judgment In Commercial Suit After Defendants Forfeit Right To File Written Statement

The Calcutta High Court has held that in a commercial suit where defendants forfeit their right to file a written statement, they cannot set up any defence, and summary judgment can be granted where there is no real prospect of successfully defending the claim.A Bench of Justice Aniruddha Roy decreed a commercial recovery suit in favour of De Converter India Private Limited, directing La Chemico Pvt Ltd and others to pay Rs. 34.62 lakh towards unpaid dues, along with interest at 6% per annum...

Calcutta High Court Flags Prima Facie Fraud In CIRP Against Alchemist Group, Seeks Reports From CBI, ED And SEBI

The Calcutta High Court recently directed the CBI, Enforcement Directorate (ED), and SEBI, which are already examining the affairs of the Alchemist Group amid allegations of running ponzi-style schemes, to file fresh status reports to examine whether the corporate insolvency process (CIRP) was fraudulently initiated. The court also asked them to look into the movement of funds abroad, possible round-tripping through foreign entities, and protection of investor assets. It noted a prima facie...

Section 17 Security In Tribunal Domain, Courts To Interfere Only On Perversity: Calcutta High Court

The Calcutta High Court on 1 April, held that courts can interfere with interim measures granted by an Arbitral Tribunal under Section 17 of the Arbitration and Conciliation Act, 1996 only in cases of perversity or arbitrariness and affirmed that the Tribunal retains discretion to determine the quantum of security. A Bench of Justice Gaurang Kanth dismissed the appeal filed by Saltee Infrastructure Limited and upheld the Arbitrator's order dated 16 May 2025 directing furnishing of security,...