Court permits Amalgamated Fuels to institute a suit before the Commercial Court; BPCL agrees not to raise maintainability objection
New Delhi : The Supreme Court of India has disposed of a Special Leave Petition filed by Amalgamated Fuels Limited against Bharat Petroleum Corporation Limited (BPCL) and another, granting the petitioner liberty to pursue its case before the appropriate Commercial Court.
The order was passed on September 25, 2026, in SLP (C) No. 23256/2026, which arose from a final judgment and order dated March 12, 2026, passed by the Calcutta High Court in APOT No. 313/2025.
Petitioner Agrees to Approach Commercial Court
During the hearing, counsel appearing for Amalgamated Fuels submitted, on instructions, that the company was willing to initiate proceedings before the Commercial Court, in line with the course indicated by the Calcutta High Court in the order under challenge.
The Additional Solicitor General appearing for BPCL stated that the Corporation would not raise an objection regarding the maintainability of the suit before the Commercial Court.
Taking the submissions of both sides on record, the Supreme Court proceeded to dispose of the Special Leave Petition.
Supreme Court Grants Liberty to Institute Suit
The Bench comprising Justice Pamidighantam Sri Narasimha and Justice Alok Aradhe granted Amalgamated Fuels liberty to institute a suit before the Commercial Court.
The order effectively allows the petitioner to pursue the underlying dispute through the commercial-court proceedings rather than continuing with the Special Leave Petition before the Supreme Court.
The Court also directed that all pending interlocutory applications stand disposed of.
Case Details
| Particular | Details |
|---|---|
| Petitioner | Amalgamated Fuels Limited |
| Respondent | Bharat Petroleum Corporation Limited (BPCL) & Another |
| Supreme Court Case | SLP (C) No. 23256/2026 |
| Date of Supreme Court Order | September 25, 2026 |
| Impugned High Court Order | March 12, 2026 |
| High Court Case | APOT No. 313/2025 |
| Bench | Justice Pamidighantam Sri Narasimha and Justice Alok Aradhe |
| Outcome | SLP disposed of |
| Liberty Granted | Petitioner may institute a suit before the Commercial Court |
What the Order Means
The Supreme Court’s order concerns the forum and continuation of proceedings. It does not, on the face of the order described above, amount to a final determination of the underlying commercial dispute between Amalgamated Fuels and BPCL.
The petitioner has been given liberty to institute the proposed suit before the Commercial Court, while BPCL has stated that it will not challenge the maintainability of that suit on the basis of the objection referred to during the Supreme Court proceedings.
The matter can therefore now be pursued before the Commercial Court in accordance with law.
Source: Supreme Court of India, Record of Proceedings dated September 25, 2026, in SLP (C) No. 23256/2026.
