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Supreme Court Paves Way for Expeditious Adjudication: Sole Arbitrator Appointed in MSME Dispute Upon Express Consent to Regular Arbitration

  Citation: Civil Appeal No. 10750 of 2026 (arising out of SLP (C) No. 24388 of 2026); 2026 INSC 874 (Non-Reportable). Coram: Hon’ble Mr. Justice J.B. Pardiwala and Hon’ble Mr. Justice K. Vinod Chandran. Date of Final Disposition: 13 August 2026.   Introduction In a noteworthy exercise of its plenary powers under Article 136 of the Constitution of India, the Supreme Court has facilitated the expeditious resolution of a commercial dispute involving a micro/small enterprise by appointing a sole arbitrator, while concurrently delineating the legal consequences flowing from a party’s express consent to opt out of the statutory adjudicatory mechanism under the Micro, Small and Medium Enterprises Development Act, 2006 (“MSMED Act” or “the Act of 2006”). The order underscores the doctrine of waiver and the principle that benefits under a special statute cannot be claimed de hors the statutory scheme once a party has consciously elected an alternative forum.   Factual...
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When One Partner Dies, the Firm Ends: Karnataka HC on Two-Partner Partnerships

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  Case: M/s. New Praveen Trailers v. M/s. Shiva Steel Supplies Writ Petition No. 6219 of 2022 (GM-CPC) High Court of Karnataka at Bengaluru Date of Judgment: 30 July 2026 Coram: Hon’ble Mr. Justice Vijaykumar A. Patil Facts The respondent (plaintiff) instituted Commercial Original Suit No. 34 of 2020 before the Principal District and Sessions Judge, Davanagere, seeking recovery of Rs. 18,90,730/- together with interest at 18% per annum against the petitioner firm, M/s. New Praveen Trailers, a registered partnership firm. The defendant firm consisted of only two partners. One of them, arrayed as defendant No. 1(a), died on 16 May 2021. The defendant informed the Court of the death. The plaintiff thereafter filed a memo dated 07 August 2021 / 03 September 2021 contending that since the defendant was a registered partnership firm created under the Indian Partnership Act, 1932, there was no necessity to bring the legal representatives of the deceased partner on record. The me...
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Terrace Leakage and Repair Rights: Affirming the Society’s Responsibility to Members

  Sunil Mahadev Dali v. Hirji Baug Co-operative Housing Society Ltd. Co-operative Court No. III, Mumbai; Dispute No. CC/III/230/2021   Introduction Whether a co-operative housing society is liable for damage caused by leakage from its terrace has repeatedly arisen before courts in Maharashtra. The issue becomes particularly contentious where the leakage originates from a common terrace but the consequential damage occurs inside a member’s flat. Societies frequently contend that repairs inside the flat constitute “internal repairs” and are therefore the responsibility of the individual member. The judgment dated 10 August 2026 of the Co-operative Court No. III, Mumbai in Sunil Mahadeo Dali v. Hirji Baug Co-operative Housing Society Ltd. , Dispute No. CC/III/230/2021, provides a useful application of the bye-law framework to this recurring problem. The Court held that where damage inside a top-floor flat is established to have resulted from seepage ...
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A sale certificate issued pursuant to a public auction under the IBC is not compulsorily registrable under Section 17(1) of the Registration Act - Bombay HC

  Rajaram Food Products India Limited v. Joint District Registrar (Class-1) and Collector of Stamps, Nashik & Ors. 2026 SCC OnLine Bom 5936 | Writ Petition No. 3018 of 2026 | Decided on 14 July 2026 Coram: Manish Pitale and Shreeram V. Shirsat, JJ. Introduction The Bombay High Court, in Rajaram Food Products India Limited v. Joint District Registrar (Class-1) and Collector of Stamps, Nashik & Ors. , has reaffirmed an important proposition concerning the stamp-duty and registration consequences of sale certificates issued pursuant to auction sales conducted during liquidation proceedings under the Insolvency and Bankruptcy Code, 2016 (“IBC”). The Court held that a sale certificate issued by a liquidator following a public auction under the IBC is not compulsorily registrable , and that where the certificate is merely forwarded to the registering authority for being filed in Book No. 1 under Section 89(4) of the Registration Act, 1908 , no stamp duty or r...
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