Calcutta High Court Rejects Borrower's Suit Seeking Enforcement Of One-Time Settlement With Bank of Maharashtra

The Calcutta High Court has rejected a suit filed by Senbo Engineering Limited seeking enforcement of an alleged “concluded” One-Time Settlement (OTS) with the Bank of Maharashtra, holding that a borrower cannot compel a bank to accept an OTS or seek specific performance of such a proposal.Justice Aniruddha Roy held that OTS proposals have no statutory force, and a borrower cannot seek specific performance against the bank's commercial decision.Thus, the court allowed the bank's application (IA...

'High Courts Do Not Substitute Statutory Tribunals', Calcutta High Court Refuses To Halt Guarantors' Insolvency Proceedings

The Calcutta High Court on Wednesday held that it cannot interfere with personal insolvency proceedings initiated under the Insolvency and Bankruptcy Code, holding that such proceedings must take their course before the National Company Law Tribunal. A single bench of Justice Krishna Rao said the High Court could not halt a proceeding that falls within the jurisdiction of the...

'Unilateral Appointment Of Arbitrator Violates Principles Of Natural Justice': Calcutta High Court Sets Aside Arbitral Award

The Calcutta High Court on Tuesday set aside an ex-parte arbitral award ruling that unilateral appointment of a sole arbitrator by one of the parties is violative of the Principles of Natural Justice and fatally vitiates the arbitral process, thereby resulting in nullity. Justice Shampa Sarkar in a judgement delivered on 2nd December, 2025, allowed the application filed by YD...

Parties' Conduct Overrides Clause: Calcutta High Court Rejects Literal Interpretation Of Arbitration Venue Clause

The Calcutta High Court on Tuesday dismissed Chittaranjan Locomotive Works' application for an unconditional stay of an arbitral award dated March 14th, 2024. Justice Shampa Sarkar on 2nd December, 2025 ruled that the conduct of the parties and arbitrator and the award publication proceedings in Kolkata constituted “contrary indicia”, sufficient to displace Chittaranjan as...

Calcutta High Court Sets Aside Single Bench Order Cancelling 32000 Teachers' Appointments In Recruitment Scam Case

The Calcutta High Court has set aside a single bench order which cancelled the appointment of around 32000 primary teachers in the cash-for-jobs TET-Recruitment scam case.A division bench of Justices Tapabrata Chakraborty and Reetobroto Kumar Mitra passed the order, setting aside a 2023 decision by Justice Abhijit Gangopadhyay, presently a BJP Lok Sabha member. "There must have been a...

Income Tax Act | S. 153C Proceedings Unsustainable Without Incriminating Material Found In Search: Calcutta High Court

The Calcutta High Court has held that proceedings under Section 153C of the Income Tax Act cannot be initiated unless incriminating material relating to the assessee is found during a search and both the assessing officers (the Assessing Officer of the searched person as well as the Assessing Officer of the person other than the searched person) record the necessary satisfaction.Section 153C...

Calcutta High Court Sets Aside Consumer Commission Orders Against Bank & Jute Corporation In Jute Loan Dispute

The Calcutta High Court has set aside concurrent findings of the District, State and National Consumer Commissions, which had held the Uttarbanga Kshetriya Gramin Bank and the Jute Corporation of India (JCI) liable for deficiency in service in connection with jute-pledge loans availed by farmers.Justice Debangsu Basak disposed of eight revisional applications filed by the farmers, the bank,...

Income Tax Act | Refund Can't Be Withheld U/S 245 Unless Department Establishes Tax Liability: Calcutta High Court

The Calcutta High Court stated that the Income Tax Department cannot withhold a refund under Section 245 of the Income Tax Act, 1961, unless it establishes tax liability. The Bench of Justice Raja Basu Chowdhury observed that it is true that Section 245 of the said Act authorises the Income Tax Department to set off a refund against remaining tax payable. Unfortunately, in this...

IGST ITC Declared In GSTR-9 Can Be Set Off Against Tax Demand If Missed In Monthly GSTR-3B: Calcutta High Court

The Calcutta High Court has stated that IGST (Integrated Goods and Services Tax) ITC (Input Tax Credit) declared in GSTR-9 can be set off against tax demand if missed in the monthly GSTR-3B. Justice Om Narayan Rai bench observed that the appellate authority did not justify why the IGST ITC declared in GSTR-9 could not be set off against the tax demand. In this case,...

Plea In Calcutta High Court Challenges WB Judiciary Exam Notifications, Says Advt Violates SC's 3-Year Practice Norm

A writ petition has been filed before the Calcutta High Court challenging two recruitment notifications issued by the West Bengal Public Service Commission (WBPSC) on 13 August 2025 for the West Bengal Judicial Service Examinations of 2023 and 2024. The petitioner contends that the notifications unlawfully omit the mandatory eligibility requirement of three years' practice as an Advocate,...

Post-Award Claim For Reimbursement Of Municipal Tax Is Not Maintainable U/S 9 Arbitration Act: Calcutta High Court

The Calcutta High Court held that a partner cannot claim reimbursement of municipal tax payments through a post award petition filed under section 9 of the Arbitration and Conciliation Act, 1996 (Arbitration Act) as such issue constitutes substantive monetary dispute requiring adjudication under section 34 of the Arbitration Act. Justice Gaurang Kanth dismissed the petition filed...

Calcutta High Court Rejects Written Statement Filed Beyond 120 Days; Holds Postal Service At Registered Office Valid Under CPC

The Calcutta High Court has held that service of a writ of summons on a company by speed post at its registered office constitutes valid service under Order XXIX Rule 2(b) of the Code of Civil Procedure, thereby triggering the mandatory 120-day period for filing a written statement under the Commercial Courts framework.Justice Aniruddha Roy dismissed NTC Industries Limited's application...