A.K. Ghosh and Company v. Biman Bose

Civil Appeal · 2026 INSC 684Decided 13 Jul 2026
C.A. No.-008814-008815 - 2026 (@ SLP(C) Nos.15817 & 15818 of 2025)
Justice Sanjay Kumar · Justice K. Vinod Chandran · Justice Sanjeev Sachdeva

Background

The appellants (paper suppliers) filed a commercial recovery suit against the respondents for unpaid dues of about Rs. 74.65 lakh. The defendants filed a written statement along with a counter-claim, but the plaintiffs did not respond to that counter-claim until 238 days later, well beyond the 120-day cap that the Commercial Courts Act imposes for filing a written statement. The Calcutta High Court (both the single judge and Division Bench) held that the plaintiffs had forfeited their right to reply to the counter-claim because of this delay, and also held their appeal against that finding was itself not maintainable under the Commercial Courts Act's restrictive appeal provisions.

Decision Breakdown

The core legal question was whether the strict 120-day outer limit for filing a written statement (under the proviso to Order VIII Rule 1 of the CPC, as modified for commercial suits) also applies to a plaintiff's reply to a defendant's counter-claim, given that Order VIII Rule 6A(3) separately lets a court fix its own timeline for such replies. The Supreme Court held that Order VIII Rule 6G CPC expressly extends all rules relating to a defendant's written statement, including the strict 120-day cap, to a plaintiff's written statement replying to a counter-claim, disagreeing with more lenient views taken by some High Courts. It also upheld the finding that no appeal lay against this kind of interlocutory order under the narrow appeal provisions of the Commercial Courts Act, since such orders are not listed under Order XLIII CPC or Section 37 of the Arbitration and Conciliation Act. The appeals were accordingly dismissed on both grounds.

Lesson Learnt

In commercial litigation, strict statutory deadlines for filing pleadings apply just as rigidly to a plaintiff answering a counter-claim as to a defendant filing an original written statement, missing the 120-day outer limit means permanently losing the right to file that pleading, with no room for later excuses.

Arbitration & Commercial LawSupreme Court of India

Modern Asset v. KNK Constructions Private Limited

The Supreme Court held that an arbitration clause survives termination of the underlying contract (the "doctrine of separability") and that, at the Section 11 reference stage, courts only check for the prima facie existence of an arbitration agreement: deeper questions about the effect of the resolution plan are for the arbitrator. It confirmed that while the IBC's "clean slate" principle extinguishes creditors' claims against the insolvent company once a resolution plan is approved, it does not extinguish the claims the company itself (through its SRA) may have against its own debtors, since the Resolution Professional had not raised a counter-claim on KNK's behalf during the insolvency process. However, noting the inequity of letting KNK recover fresh dues on the same contract while Modern Asset's own claim had been wiped out to 0.72 %, and following its own recent precedent in Ujaas Energy, the Court modified the High Court's order: Modern Asset may raise its extinguished claim in the arbitration solely as a set-off against any amount it is found to owe KNK, but cannot use it to claim any fresh recovery.

Decided 8 Oct 2026Read case
Arbitration & Commercial LawDelhi High Court

S And P Infrastructure Developers (Pvt) Ltd vs. National Highways Authority of India

The Court held that the Joint Registrar's order overlooked an earlier ruling of this Court (M/s URC Construction (P) Ltd. v. Airports Authority of India) establishing that an instrument must be stamped at or before execution, with any delay attracting penalty, not just a top-up payment. Since the Joint Registrar's order was not in line with the Indian Stamp Act, 1899, the Court set it aside. The decree holder's counsel then sought to withdraw the petition with liberty to refile once the stamp duty issue was properly resolved, which the Court granted.

Decided 8 Oct 2026Read case
Arbitration & Commercial LawSupreme Court of India

Shubham Equipment Private Limited & Anr. v. Rothwell Water Company Limited & Ors.

The Supreme Court held that the Licence Agreement, the JVA, and the MoU each covered different subject matter (technology licensing, the joint venture company, and logistics services respectively), so the JVA and MoU's own arbitration clauses, providing for arbitration in Mumbai under Indian law, governed the disputes arising under them, not the Licence Agreement's Korea clause. Both agreements also contained "entire agreement" clauses showing they were meant to stand independently. The Court restricted itself to the limited inquiry required at the reference stage under Section 11(6-A), whether an arbitration agreement prima facie exists, and left deeper questions, including whether a non-signatory subsidiary (RBIPL) could be bound, to the arbitrator. It allowed the petitions and appointed a former Chief Justice of the Bombay High Court as the sole arbitrator.

Decided 8 Oct 2026Read case
Arbitration & Commercial LawDelhi High Court

M/S Redcliffe Lifetech Pvt Ltd vs. Connect and Heal Primary Care Pvt. Ltd.

Since the dispute was resolved, the petitioner's counsel sought leave to withdraw the petition rather than continue with it. The Court granted leave and dismissed the petition as withdrawn, along with any pending applications.

Decided 7 Oct 2026Read case
Arbitration & Commercial LawDelhi High Court

M/S Redcliffe Lifetech Pvt. Ltd. vs. Lifespan Wellness Private Limited

The Court reiterated that at the stage of appointing an arbitrator under Section 11, it need only check whether an arbitration agreement exists on its face, not decide the merits of the dispute. Finding the arbitration clause undisputed, the Court appointed a named advocate as sole arbitrator under the aegis of the Delhi International Arbitration Centre (DIAC), leaving all other objections (including arbitrability and jurisdiction) to be decided by the arbitrator.

Decided 7 Oct 2026Read case
Arbitration & Commercial LawDelhi High Court

M/S. Keshari Multi Functional Complex Pvt Ltd vs. Rail Land Development Authority

Because the awarded amount was already deposited pursuant to the earlier stay order, the Court held nothing further survived for consideration in the present enforcement petition. It disposed of the petition, giving the decree holder liberty to refile later after paying the proper stamp duty (and any penalty) under the Indian Stamp Act, 1899.

Decided 7 Oct 2026Read case