Government Instructions To Curb Tender Cartelization Do Not Usurp CCI's Powers: Orissa High Court

The Orissa High Court has dismissed a writ petition challenging government communications issued to ensure fair and transparent participation in open tenders and prevent cartelization and bid rigging, holding that the instructions did not usurp the statutory powers of the Competition Commission of India (CCI). The Court held that the communications merely contemplated administrative steps and possible reference of material to the CCI where evidence of cartelization was found. A Division...

Orissa High Court Quashes Air Pollution Case Against Tata Steel Over Bhushan Steel's Pre-CIRP Offences

The Orissa High Court has quashed criminal proceedings against Tata Steel Limited (TSL) arising from alleged violations of the Air (Prevention and Control of Pollution) Act, 1981 by erstwhile Bhushan Steel Limited (BSL).A coram of Justice Sibo Sankar Mishra was dealing with a petition filed by TSL under Section 482 of the Criminal Procedure Code seeking quashing of proceedings pending before the SDJM, Dhenkanal, as well as the order taking cognizance against the company. The State Pollution...

Writ Against Order U/S 37 Arbitration Act Not Barred By Second Appeal Restriction: Orissa High Court

The Orissa High Court on 21 September held that a writ petition under Articles 226 and 227 of the Constitution can be maintained against an order passed by a District Judge under Section 37 of the Arbitration and Conciliation Act, 1996, despite Section 37(3) barring a second appeal. Justice B.P. Routray rejected the preliminary objection to the maintainability of the writ petitions filed by the state and other, holding that the High Court's constitutional jurisdiction does not constitute a...

Commercial Court Orders Not Amenable To Writ Of Certiorari: Orissa High Court

The Orissa High Court has ruled that Commercial Courts have the "trapping of a Civil Court" and proceedings before them are civil proceedings. As a result, orders passed by Commercial Courts cannot be challenged through a writ of certiorari under Article 226 of the Constitution. A division bench of Chief Justice Harish Tandon and Justice Murahari Sri Raman observed: "Thus, a power is conferred upon the Commercial Courts to try a suit of a specified value, which is in ordinary sense is tried by...

ORERA's Failure To Decide Within 30 Days Won't Deem Incomplete RERA Application Registered: Orissa High Court

The Orissa High Court has ruled that an incomplete or deficient application cannot be treated as "deemed registered" under Section 5(2) of the Real Estate (Regulation and Development) Act, 2016, merely because the regulatory authority failed to decide it within 30 days.Justice Sashikanta Mishra observed that Section 5(2) applies only to a valid application that complies with the Act, Rules and Regulations. Since Vishnu Associates' application remained incomplete, including for want of the final...

Orissa High Court Quashes Criminal Proceedings Against Ferro Alloys Over Pre-CIRP Environmental Law Violations

The Orissa High Court has recently quashed criminal proceedings against Ferro Alloys Corporation Ltd over alleged environmental law violations. It held that continuation of the prosecution was not sustainable as the violations happened before the insolvency resoulution. Justice Dr. Sanjeeb K. Panigrahi also noted that offences under Section 15 of the Environment (Protection) Act, 1986 have since been decriminalised. They have been replaced with a regime of civil penalties. “In the present...

Crypto Fraud Allegations Disclose Triable Issues, No Quashing At FIR Stage: Orissa High Court

The Orissa High Court on 15 May declined to quash criminal proceedings arising out of an alleged cryptocurrency investment scam, holding that allegations of false representations, fictitious entities, and dishonest inducement of investors disclose triable issues that require examination at trial rather than interference at the FIR stage. A Bench of Dr Justice Sanjeeb K Panigrahi observed: “Allegations involving organized financial fraud, systematic inducement of multiple investors, and...

No Fresh GST Demand For Same Amount Without Credit For Reversed ITC: Orissa HC Sets Aside Tax Demand

The Orissa High Court has set aside GST proceedings against an individual taxpayer, holding that once input tax credit (ITC) is reversed, the tax department cannot demand the same amount again without giving due credit for such reversal. “Once it is conceded by the Revenue that the amount of input tax credit for a sum of Rs.4,39,970/- has been reversed, raising demand to the same without giving due credit to such reversal is unethical and without authority of law. In such an event, since net...

Pre-2022 Iron Ore Exports Cannot Be Reassessed On DMT Basis; WMT Applies: Orissa High Court

The Orissa High Court has held that iron ore exports made before the 2022 change in law must be assessed on Wet Metric Tonne (WMT) basis prevailing at the time, and cannot later be reassessed on Dry Metric Tonne (DMT) basis. The court held, “It is trite that under all taxing statutes to consider levy of tax/duty it is to be determined when exactly did the taxable event occur? It is with reference to that point of time, that the chargeability or leviability of the tax or duty, as the case may...

Being A Government Authority No Ground To Avoid Deposit For Stay Of Arbitral Award: Orissa High Court

The Orissa High Court has recently observed that a government authority cannot seek exemption from depositing an arbitral award amount merely on the ground of its status while seeking a stay. Justice B.P. Routray upheld a Commercial Court order directing the Chief Engineer (Roads-1), Government of Odisha, to deposit the entire award of about Rs. 26.97 crore in a dispute with NKC Projects Pvt. Ltd. The court held, "It cannot be contended on the part of the Petitioner that he being a Government...

Failure To Deposit EPF Dues On Time Is A Penal Offence, Later Payment Irrelevant: Orissa High Court

The Orissa High Court has held that subsequent payment of employees' provident fund dues does not extinguish criminal liability for prior default, and such payment cannot be a ground to quash criminal proceedings. A Single-Judge Bench of Dr Justice Sanjeeb K Panigrahi, by order dated 13 March, refused to quash criminal proceedings against the former director of Cosboard Industries Pvt. Ltd. He held: “The offence committed by the petitioner is grave endangering the Right to pension and...

SARFAESI Enforcement Cannot Be Invoked After Debt Is Extinguished Under IBC: Orissa High Court

The Orissa High Court has held that Section 31 of the SARFAESI Act cannot operate as an independent source of enforcement power once a resolution plan under the Insolvency and Bankruptcy Code extinguishes the underlying debt.Section 31 excludes certain secured assets and transactions from the Act's enforcement mechanism, meaning SARFAESI recovery powers do not apply to them.A Single Judge Bench of Justice Sanjeeb K. Panigrahi allowed a writ petition by Sree Metaliks Limited, Keonjhar against the...