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Commercial Courts Act, 2015

70 judgments · newest first · showing 1–70

HARILAL TALKSHI SHAHversusM/S. GADA ENTERPRISE AND OTHERS

Disposed Off

The appellant, Harilal Talkshi Shah, sought an injunction to restrain respondents (including M/s. Gada Enterprise and others) from constructing on and creating third‑party rights over a 3267‑sq‑yard property in Borivali, alleging that his leasehold rights under a 1971 Assignment Deed were still …

JYOTI STRUCTURES LTDversusAFRICA POWER COMPANY CC

Disposed Off

Jyoti Structures Ltd., the defendant in a commercial suit filed by Africa Power Company, filed its written statement on the 120th day after service of the writ of summons, seeking condonation of delay. The trial court rejected the condonation, holding that the service date could not be excluded in …

UNION OF INDIAversusORTECH ENGINEERING

Dismissed

The Union of India filed a writ petition challenging an order dated 8 September 2021 that transferred proceedings of Civil M.A. No.192 of 2018, an application under Section 34 of the Arbitration and Conciliation Act, 1996, to the Court of Civil Judge Senior Division, Thane. The petitioner argued …

BENNINGER INDIA PVT. LTD.versusFIRST SPACE INFRA LLP AND ORS.

Disposed Off

The petitioners, Benninger India Pvt Ltd, entered into a lease and a leave‑and‑licence agreement with First Space Infra LLP for industrial premises, which included a buy‑back clause allowing the petitioner to purchase the structures. After the licence term expired in April 2022, the petitioner …

BENNINGER INDIA PVT LTDversusFIRST SPACE INFRA LLP AND ORS

Disposed Off

The petitioners, Benninger India Pvt Ltd, entered into a lease and a leave‑and‑licence agreement with First Space Infra LLP for industrial premises, which included a buy‑back clause allowing the petitioner to purchase the structures. After the licence term expired in April 2022, the petitioner …

A.K. GHOSH & COMPANY AND OTHERSversusBIMAN BOSE AND OTHERS

2026 INSC 684Dismissed

The plaintiffs, A.K. Ghosh & Co., filed a commercial suit for unpaid dues and the defendants filed a counter‑claim. The defendants served the counter‑claim on 18 July 2023, but the plaintiffs sought leave to file a written statement only on 15 March 2024, well beyond the statutory period. The …

Railway,versusAfcon Infrastructure Limited,

ALLOWED

The appellants, a group of railway officials, challenged an arbitral award of Rs.1,73,84,96,092 awarded to Afcon Infrastructure Ltd. The Additional District Judge, Patna, upheld the award and dismissed the Section 34 challenge, but the appellants appealed on the ground that the ADJ lacked …

The Bihar State Food and Civil Supplies Corporation Ltd.versusSanjeev Kumar Singh

PARTLY ALLOWED (DISPOSAL)

The Bihar State Food and Civil Supplies Corporation appointed a sole arbitrator to resolve a dispute with Sanjeev Kumar Singh over unpaid transport bills under a 2016 agreement for the Darbhanga district. The arbitrator awarded the claimant a principal sum, earnest money for Darbhanga and Sitamarhi, …

The Bihar State Food and Civil Supplies Corporation Ltd.versusPiyus Kumar

PARTLY ALLOWED (DISPOSAL)

The Bihar State Food and Civil Supplies Corporation (appellant) entered a three‑year transport‑handling agreement with Piyush Kumar (respondent) for the Madhubani district. The contract was terminated and the respondent was black‑listed in 2019, leading to arbitration under the Arbitration and …

The Bihar State Food and Civil Supplies Corporation Ltd.versusRam Uday Singh

PARTLY ALLOWED (DISPOSAL)

The Bihar State Food and Civil Supplies Corporation (BSFC) entered into a 2014 transport‑handling agreement with Ram Uday Singh for the Munger district, later extending the work to Madhubani and Bhagalpur. After disputes over GPS tracking and alleged contract breaches, BSFC cancelled the agreement …

The Bihar State Food and Civil Supplies Corporation Ltd.versusDinkar Choudhary

PARTLY ALLOWED (DISPOSAL)

The Bihar State Food & Civil Supplies Corporation entered into a three‑year transport‑handling agreement with Dinkar Choudhary, who later claimed delayed payments amounting to over ₹4.44 crore. The parties failed to appoint an arbitrator, leading to a sole arbitrator’s award on 17 Oct 2020 granting …

The Bihar State Food and Civil Supplies Corporation Ltd.versusRam Uday Singh

DISPOSED

The Bihar State Food and Civil Supplies Corporation (BSFC) entered into a 2014 transport‑handling agreement with Ram Uday Singh for the Munger district, later extending the work to Madhubani and Bhagalpur. After disputes over GPS tracking and alleged contract breaches, BSFC cancelled the agreement …

The Bihar State Food and Civil Supplies Corporation Ltd.versusDinkar Choudhary

DISPOSED

The Bihar State Food & Civil Supplies Corporation appointed Dinkar Choudhary as transporting‑cum‑handling agent under a 2014 agreement and later disputed unpaid bills. The arbitrator awarded the claimant Rs 2,06,13,021, compensation of Rs 25 lakh, 10% pre‑award interest and 18% post‑award interest, …

The Bihar State Food and Civil Supplies Corporation Ltd.versusPiyus Kumar

DISPOSED

The Bihar State Food and Civil Supplies Corporation (appellant) entered a three‑year transport‑handling agreement with Piyush Kumar (respondent) for the Madhubani district. The contract was terminated and the respondent was black‑listed, leading to arbitration where the sole arbitrator awarded Rs …

Johnson Paints Co.versusJohnson Paints Private Limited

ALLOWED

The appellant, Johnson Paints Co., a partnership firm, claimed continuous use of the trademark “JOHNSON” since 1987 and sought an interim injunction against Johnson Paints Pvt. Ltd. for alleged passing off. The respondent, incorporated in 2009, asserted rights based on a series of assignment deeds …

UNION OF INDIAversusTIRUPATI TEXCO PRODUCTS PVT. LTD. 132-D

The Union of India appealed to the Allahabad High Court under Section 37 of the Arbitration and Conciliation Act, 1996 against a series of orders of the Commercial Court, Kanpur Nagar that dismissed its applications under Section 34 of the same Act because it failed to make the statutory pre‑deposit …

UNION OF INDIA THROUGH THE INDIAN NAVYversusNORDLAKE GMBH

DISPOSED OFF

The Union of India (through the Indian Navy) filed an interim application seeking condonation of a 55‑day delay in filing an appeal against a judgment dated 17‑Feb‑2023 in a commercial admiralty suit. The respondents objected, arguing that a preliminary objection to the appeal’s maintainability …

East Central RailwayversusM/s Pratibha Royal (JV)

DISMISSED

The East Central Railway filed an interlocutory application seeking condonation of an 85‑day delay in filing a commercial appeal under Section 13(1‑A) of the Commercial Courts Act, 2015 against a judgment dated 24‑06‑2025 in an arbitration matter. The railway argued that the delay was caused by …

TATA AIG GENERAL INSURANCE COMPANY LIMITED,versusM/S TIRHUT FOOD PRODUCTS,

ALLOWED

Tata AIG General Insurance Company (appellant) insured M/s Tirhut Food Products (respondent) for fire loss. After a fire in December 2018 the insurer paid Rs 1.61 crore as full and final settlement, which the respondent later contested and invoked the arbitration clause in the policy. The arbitral …

The General Manager,versusM/s KEC-DELCO- VARAHA (JV)

DISMISSED

The General Manager and other officials of East Central Railways filed an interlocutory application seeking condonation of a 222‑day delay in filing a commercial appeal against a judgment that dismissed their Section 34 application under the Arbitration and Conciliation Act, 1996. The delay was …

ALLAHABAD BANKversusMR. ABHAY NARENDRA LODHA

Allowed

Allahabad Bank filed an appeal against an order but missed the 30‑day filing deadline by 31 days. The bank sought condonation of the delay through an interim application, while the respondent opposed, relying on a prior decision of the court. The judge examined the reasons for delay and considered …

MITC ROLLING MILLS PRIVATE LIMITED AND ANR.versusM/S RENUKA REALTORS AND ORS.

2025 INSC 1300Appeal(s) allowed

MITC Rolling Mills Pvt. Ltd. filed a commercial suit for recovery of Rs.2.5 crore. The trial court rejected the plaint under Order VII Rule 11 of the CPC on the ground that the plaintiff had not complied with the mandatory pre‑institution mediation under Section 12A of the Commercial Courts Act, …

M/S ANVITA AUTO TECH WORKS PVT. LTD.versusM/S AROUSH MOTORS & ANR.

2025 INSC 1202Appeal(s) allowed

The case arose from a commercial dispute where the plaintiff, Aroush Motors, sued Anvita Auto Tech Works for recovery of monies after terminating a dealership agreement. The defendant failed to file its written statement within the statutory 120‑day period and sought multiple extensions, eventually …

ODISHA STATE FINANCIAL CORPORATIONversusVIGYAN CHEMICAL INDUSTRIES AND OTHERS

2025 INSC 928Appeal(s) allowed

The Odisha State Financial Corporation (OSFC) financed a bleaching powder unit that defaulted, leading to its possession of the unit and subsequent litigation. Respondent Vigyan Chemical Industries sued the defaulting borrower and later impleaded OSFC, claiming repayment with interest calculated …

M/S DHANBAD FUELS PRIVATE LIMITEDversusUNION OF INDIA & ANR

2025 INSC 696Dismissed

The Union of India filed a money suit of over Rs 8.73 crore in a Commercial Court in August 2019 without first complying with the pre‑institution mediation requirement of Section 12A of the Commercial Courts Act, 2015. The defendant, Dhanbad Fuels Pvt. Ltd., raised a preliminary objection and sought …

JHARKHAND URJA UTPADAN NIGAM LTD. & ANR.versusM/S BHARAT HEAVY ELECTRICALS LIMITED

2025 INSC 533Dismissed

The respondent, M/s Bharat Heavy Electricals Ltd., sued Jharkhand Urja Utpadan Nigam Ltd. and another party for recovery of a sum based on an award. The Commercial Court pronounced a judgment, but the petitioners filed their appeal under Section 13(1-A) of the Commercial Courts Act 2015 after a …

M/S ARIF AZIM CO. LTD.versusM/S APTECH LTD.

2024 INSC 155Case Allowed

The petitioners, an Afghan franchisee, sought appointment of a sole arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996 to resolve disputes over royalty payments and renewal of franchise agreements with the respondent. The key issues were whether the Limitation Act, 1963 …

ADITYA KHAITAN & ORS.versusIL AND FS FINANCIAL SERVICES LIMITED

2023 INSC 867Appeal(s) allowed

The appellants, nine defendants in a commercial suit filed by IL and FS Financial Services Ltd, failed to file written statements within the 30‑day period (ending 8 March 2020) and the 120‑day outer limit (ending 6 June 2020). They sought an extension on 20 January 2021, invoking the Supreme Court's …

NATIONAL INSURANCE CO. LTD.versusHARSOLIA MOTORS AND OTHERS

2023 INSC 367Dismissed

The appellant National Insurance Co. Ltd. denied fire‑insurance claims of Harsolia Motors, a commercial enterprise, which led the respondents to file a complaint under the Consumer Protection Act, 1986 (CPA 1986). The Gujarat State Commission held the respondents were not "consumers" because the …

SANGHI INDUSTRIES LIMITEDversusRAVIN CABLES LTD., AND ANR

2022 INSC 1050Appeal(s) allowed

Sanghi Industries Ltd invoked performance bank guarantees issued by Ravin Cables Ltd in respect of three purchase orders and subsequently commenced arbitration. Ravin Cables filed two applications under Section 9 of the Arbitration and Conciliation Act, 1996 before Commercial Courts seeking to …

ESSAR HOUSE PRIVATE LIMITEDversusARCELLOR MITTAL NIPPON STEEL INDIA LIMITED

2022 INSC 957Dismissed

Essar Steel deposited roughly Rs 35 crore and Rs 47 crore as refundable security deposits with Essar House Private and Essar Services respectively. After Essar Steel entered corporate insolvency resolution, the resolution applicant Arcelor Mittal Nippon Steel (Arcellor) sought repayment of those …

BRIJ RAJ OBEROIversusTHE SECRETARY, TOURISM AND CIVIL AVIATION DEPARTMENT & ANR.

2022 INSC 845Appeal(s) allowed

Brij Raj Oberoi leased the Norkhill Hotel from the State of Sikkim for 24 years under a deed that contained a renewal clause (clause 4(xiii)) requiring the lessee to give notice and, if the parties could not agree on the rent or period, to refer the dispute to arbitration. Oberoi offered renewal on …

PRAKASH CORPORATESversusDEE VEE PROJECTS LIMITED

2022 INSC 180Appeal(s) allowed

Prakash Corporates filed a money suit against Dee Vee Projects Limited on 21‑12‑2020. The defendant failed to file a written statement within the 30‑day period and sought extensions, which were granted up to 15‑04‑2021, but the 120‑day deadline fell on 06‑05‑2021. The trial court and the High Court …

SUDHIR KUMAR @ S. BALIYANversusVINAY KUMAR G.B.

2021 INSC 484Case Partly allowed

The plaintiff filed a commercial suit in October 2018 seeking a permanent injunction against the defendant for alleged trademark infringement and obtained an ex‑parte interim injunction. Realising the suit was not compliant with the Commercial Courts Act, the plaintiff withdrew it on 27 July 2019 …

SEPCO ELECTRIC POWER CONSTRUCTION CORPORATIONversusPOWER MECH PROJECTS LTD.

2021 INSC 417

The appellant SEPCO, a Chinese corporation, was awarded a large arbitration award in favour of the Indian respondent Power Mech Projects. The High Court, under Section 9 of the Arbitration Act, directed SEPCO to furnish a Rs 30 crore bank guarantee from a "scheduled bank located in India". SEPCO …

PASL WIND SOLUTIONS PRIVATE LIMITEDversusGE POWER CONVERSION INDIA PRIVATE LIMITED

2021 INSC 264Disposed off

PASL Wind Solutions and GE Power Conversion India, both Indian companies, entered a settlement agreement that provided for arbitration under ICC rules with the seat in Zurich and the substantive law of India. A dispute over warranty claims was arbitrated, the arbitrator held the seat to be Zurich …

BHARAT SANCHAR NIGAM LTD. & ANR.versusM/S NORTEL NETWORKS INDIA PVT. LTD.

2021 INSC 175Appeal(s) allowed

The dispute arose when BSNL (appellant) withheld Rs.99.70 crore from Nortel (respondent) after completing a telecom tender. Nortel claimed the amount in May 2014, which BSNL rejected on 4 August 2014. After more than five years, Nortel invoked the arbitration clause on 29 April 2020 and sought …

IN RE: COGNIZANCE FOR EXTENSION OF LIMITATIONversus.

2021 INSC 168Disposed off

In a suo motu writ petition, the Supreme Court examined the extension of limitation periods granted due to the COVID-19 pandemic. Earlier orders had excluded the period from 15 March 2020 to a date to be fixed, allowing litigants extra time to file suits, appeals and other proceedings. Observing …

CHINTELS INDIA LTD.versusBHAYANA BUILDERS PVT. LTD.

2021 INSC 76Appeal(s) allowed

Chintels India Ltd. filed an application under section 34 of the Arbitration and Conciliation Act, 1996 to set aside an arbitral award, but the single judge of the Delhi High Court refused to condone the delay in filing the application and dismissed it. The appellant challenged that order by …

M/S. N.N. GLOBAL MERCANTILE PVT. LTD.versusM/S. INDO UNIQUE FLAME LTD. & OTHERS

2021 INSC 12Matter referred to larger bench

The appellant, Global Mercantile, entered into a sub‑contract with Indo Unique containing an arbitration clause, but the work order was unstamped under the Maharashtra Stamp Act. A dispute arose when Indo Unique invoked a bank guarantee, which Global Mercantile alleged was fraudulent, leading to a …

S. D. CONTAINERS INDOREversusM/S. MOLD TEK PACKAGING LTD.

2020 INSC 668

S.D. Containers (Indore) sued M/s Mold Tek Packaging Ltd for infringement of its registered container and lid designs, seeking a declaration and permanent injunction. The defendant counter‑claimed, seeking cancellation of the designs under Section 4(a) of the Design Act, 2000, and filed an …

DESH RAJversusBALKISHAN (D) THROUGH PROPOSED LR MS. ROHINI

2020 INSC 59Disposed off

The appellant and respondent, brothers, entered into an agreement to sell one floor of their ancestral property, which the respondent later sought to enforce through a suit for specific performance. The appellant repeatedly failed to file a written statement within the timelines prescribed by Order …

BGS SGS SOMA JVversusNHPC LTD.

2019 INSC 1349Appeal(s) allowed

The petitioners BGS SGS SOMA JV sought to enforce an arbitral award concerning a hydro‑electric project, while the respondent NHPC Ltd filed a Section 34 petition in the Faridabad court to set aside the award. The petitioners applied under Section 151 CPC to have the petition returned to the …

AMBALAL SARABHAI ENTERPRISES LTD.versusK. S. INFRASPACE LLP & ANR.

2019 INSC 1135Dismissed

Ambalal Sarabhai Enterprises Ltd. filed a suit in the Vadodara Commercial Court seeking specific performance of a mortgage deed concerning a parcel of land. The respondents contended that the dispute did not fall within the definition of a "commercial dispute" under Section 2(1)(c)(vii) of the …