Arbitrator's Final Decision On Jurisdiction Qualifies As Interim Award, Amenable To Challenge: MP High Court

The Madhya Pradesh High Court has recently held that an arbitrator's decision conclusively determining an issue of jurisdiction as a preliminary issue constitutes an interim award, which can be challenged under Section 34 of the Arbitration and Conciliation Act, 1996.The Division Bench of Chief Justice Alpesh Y. Kogje and Justice Deepak Khot held that the appropriate remedy against an order passed in Section 34 proceedings is an appeal under Section 37 and not a writ petition under Article 226...

DRT Sale Certificate Does Not Require Compulsory Registration: Madhya Pradesh High Court

The Madhya Pradesh High Court has held that a sale certificate issued in favour of a successful auction purchaser in proceedings before the Debt Recovery Tribunal (DRT) does not require compulsory registration. A Single-Judge Bench comprising Justice Sandeep N. Bhatt allowed Sukh Sagar Agro Industries' petition challenging the refusal to file/record its sale certificate in Book No. I. Sukh Sagar Agro had purchased the property in an auction conducted by the Recovery Officer, DRT-Jabalpur, who...

Madhya Pradesh High Court Advises GST Department To Send SMS/Email Alerts For Hearing Dates

The Madhya Pradesh High Court has advised the GST Department to introduce SMS or email alerts to parties or their advocates about hearing dates, after noting that many taxpayers were approaching the court complaining that they had not been served with hearing notices.A Division Bench of Justice Subodh Abhyankar and Justice Alok Awasthi made the suggestion while allowing a petition filed by Maple Overseas Trade Private Limited. The court set aside the dismissal of the company's appeal against a...

Validity Of Arbitration Agreement Needs Examination Where Partnership Deed Is Challenged: MP High Court

On 16 September, the Madhya Pradesh High Court held that where a party challenges the very execution and validity of a partnership deed containing an arbitration clause on grounds of fraud, conspiracy and lack of informed consent, the existence of a valid arbitration agreement must be examined before the dispute can be referred to arbitration. Justice Ramkumar Choubey dismissed a miscellaneous appeal against the 23rd District Judge, Bhopal's order restoring a civil suit after setting aside the...

State Liquor Regulation Doesn't Bar CCI Probe Into Anti-Competitive Conduct: Madhya Pradesh High Court

The Madhya Pradesh High Court on 17 September held that the State's power to regulate liquor under the Madhya Pradesh Excise Act, 1915 does not conflict with the Competition Commission of India's (CCI) jurisdiction to investigate anti-competitive conduct under the Competition Act, 2002.A Division Bench of Justices Vivek Rusia and Pradeep Mittal dismissed a batch of writ petitions filed by distilleries and bottling units operating in Madhya Pradesh, challenging CCI proceedings, including its...

Welfare-Oriented Rehabilitation Policy Cannot Preserve Claims Extinguished Under IBC: Madhya Pradesh High Court

The Madhya Pradesh High Court has held that a rehabilitation policy or agreement with a project-affected person cannot preserve a claim merely because it is welfare-oriented, as the Insolvency and Bankruptcy Code overrides inconsistent laws and policies.Justice Sanjeev S. Kalgaonkar observed, “Thus, Rehabilitation policy or any agreement with project affected (displaced) person cannot facilitate claim as an exception for the reason that it is welfare oriented. Section 238 of IBC gives Insolvency...

Furnace Oil And Light Diesel Oil Are Distinct, Cannot Be Taxed Alike: Madhya Pradesh High Court

The Madhya Pradesh High Court on 8 September held that Furnace Oil (FO) and Light Diesel Oil (LDO) are distinct commodities and cannot be taxed at the same rate merely because both are used as fuel. A Division Bench of Acting Chief Justice Vivek Rusia and Justice Pradeep Mittal allowed petitions filed by Indian Oil Corporation Limited (IOCL), setting aside orders that had treated FO as LDO for taxation purposes. The judges observed: “In view of the above, uncontroverted material tax liability...

Incidental Civil Construction Doesn't Make Waste Management Contract A Works Contract: Madhya Pradesh HC

The Madhya Pradesh High Court on 3 September reiterated that a waste management contract does not become a “works contract” merely because it involves incidental civil construction, and that disputes arising from such a contract can be referred to arbitration under the Arbitration and Conciliation Act, 1996. Justice Deepak Khot allowed Susajja JV Anand LLP's application against Bhopal Municipal Corporation and appointed former Calcutta High Court Chief Justice Sujoy Paul as the sole arbitrator...

Madhya Pradesh High Court Upholds State Power To Levy ₹1,000 Per Seat For Permit Violations

The Madhya Pradesh High Court on 25 August upheld the State Legislature's power to impose an additional levy on vehicles plying without a valid permit or in violation of permit conditions, holding that the levy is regulatory and compensatory rather than punitive. A Division Bench comprising Acting Chief Justice Vivek Rusia and Justice Pradeep Mittal dismissed a challenge to Section 13(2)(a) of the Madhya Pradesh Motoryan Karadhan Adhiniyam, 1991, as substituted by the 2025 amendment. The...

Foreign Award Can Be Enforced And Executed By High Court In A Single Proceeding: Madhya Pradesh HC

The Madhya Pradesh High Court on 21 August held that a foreign arbitral award can be enforced and executed by the High Court in the same proceeding without requiring a separate execution case before a subordinate court. Justice Vinay Saraf rejected the oral objections raised by Shri Mittal Agritech Pvt. Ltd. to execution of the foreign award obtained by Moshers, holding that once a foreign award is declared enforceable under Sections 47 and 48 of the Arbitration and Conciliation Act, 1996, it...

Madhya Pradesh HC Reiterates Three-Year Limitation Law Cannot Bar Landowner's Claim Under NH Act

The Madhya Pradesh High Court on 10 August set aside an order upholding an arbitral award that had rejected a landowner's claim for enhancement of compensation for land acquired for widening National Highway No. 12. Justice Deepak Khot reiterated that the three-year limitation period under Article 137 of the Limitation Act, 1963 does not apply to statutory arbitration proceedings under Section 3G(5) of the National Highways Act, 1956, and that the Arbitrator must adopt a justice-oriented...

No Excise Duty On Liquor Destroyed In Accidental Fire Without Negligence: Madhya Pradesh High Court

The Madhya Pradesh High Court on 4 August held that excise duty cannot be levied on foreign liquor destroyed in an accidental fire where the loss occurred due to an unavoidable cause and there is no evidence of negligence or deliberate wrongdoing by the licensee.A Single Judge Bench of Justice Milind Ramesh Phadke dismissed the State's writ petition and upheld the Board of Revenue's order setting aside the Rs. 38.41 lakh excise duty demand, finding that the factual conclusions were supported by...