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Case Studies
Supreme court refers to larger bench conflict between section 134 of trade marks act and commercial courts notifications designating civil judges (senior division)
Supreme Court refers the conflict between Section 134 of the Trademarks Act and commercial court notifications designating civil judges (senior division) to a larger bench for resolution. Case Title: I.S.D.S. Pvt. Ltd. and Anr. v. Khemka Food Products Pvt. Ltd. and Anr. Coram: Justice J.B. Pardiwala and Justice K. Vinod Chandran Citation: (2026) ibclaw.in 643 SC (Special Leave Petition (C) No. 6793 of 2026, decided on 21 September 2026) The Supreme Court has referred to a la
Supreme court: High court cannot remit section 37 appeal to arbitral tribunal to be treated as section 17 application, even by consent
Supreme Court Clarifies Limitations: High Court Cannot Remit Section 37 Appeals to Arbitral Tribunals as Section 17 Applications, Even with Consent. Case Title: Union of India and Ors. v. Hariom Projects Pvt. Ltd. Coram: Justice Aravind Kumar and Justice Prasanna Bhalachandra Varale Citation: (2026) ibclaw.in 649 SC (Special Leave Petition (Civil) No. 33087 of 2026, decided on 18 September 2026) The Supreme Court has held that a High Court, while exercising statutory appella
Supreme court: Contractual bar on interest for delayed payments excludes pre-reference interest
Supreme Court Ruling: Contractual restrictions on interest for payment delays do not include pre-reference interest. Case Title: North Eastern Electric Power Corporation Ltd. (NEEPCO) v. Astra Construction Pvt. Ltd. Coram: Justice P.S. Narasimha and Justice Alok Aradhe Citation: (2026) ibclaw.in 646 SC (Civil Appeal No. 13081 of 2026, decided on 22 September 2026) The Supreme Court has held that Clause 54 of the General Conditions of Contract (GCC) bars the grant of pre-refe
Madras high court declines to proceed with section 11 arbitration petition pending NCLAT appeal
Madras High Court pauses Section 11 arbitration proceedings as NCLAT appeal is pending. Jagson Colorchem Ltd. v. Jayapushpam Investments and Trading Pvt. Ltd. High Court of Madras | 1 September 2026 The Madras High Court recently considered whether a petition seeking appointment of an arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996 could proceed while an appeal relating to insolvency proceedings was pending before the National Company Law
J&K and Ladakh high court refers family disputes over hotel properties to sole arbitrator on consent, sets aside receiver order
J&K and Ladakh High Court Entrusts Hotel Property Dispute to Sole Arbitrator, Overturns Receiver Decision. Case Title: Mohammad Rafeeq Karnai v. Bashir Ahmad Karnai and Ors. Case No.: Arb P No. 4/2025 c/w CM(M) No. 380/2025 with CM(M) No. 485/2025 Coram: Justice Sanjay Dhar Citation: (2026) ibclaw.in 5275 HC Date of Decision: 08 September 2026 The High Court of Jammu & Kashmir and Ladakh has referred all disputes between five brothers and their mother, arising from a family s
Delhi high court dismisses section 34 challenge, holds limitation not raised before tribunal cannot be agitated for the first time, rejects plea of incapacity
Delhi High Court dismisses Section 34 challenge, affirming that new limitations not raised before the tribunal cannot be introduced, rejecting the plea of incapacity. Case Title: Prime Meiden Ltd. v. Kirby Building System India Pvt. Ltd. Case No.: O.M.P. (COMM) 113/2021 Coram: Justice Jasmeet Singh Citation: (2026) ibclaw.in 5217 HC Date of Decision: 08 September 2026 The Delhi High Court has dismissed a petition under Section 34 of the Arbitration and Conciliation Act, 1996
Delhi high court sets aside rejection of counter-claim on performance bank guarantee, holds proceeds cannot be retained without proving loss
Delhi High Court overturns rejection of a counter-claim on performance bank guarantee, ruling that proceeds cannot be retained without proven loss. Case Title: Isgec Heavy Engineering Ltd. v. Prakash Industries Ltd. Case No.: O.M.P. (COMM) 503/2023 Coram: Justice Avneesh Jhingan Citation: (2026) ibclaw.in 5219 HC Date of Decision: 08 September 2026 The Delhi High Court has set aside the part of an arbitral award that allowed a purchaser to retain the proceeds of an encashed
Plaint cannot be rejected under order VII rule 11 CPC by relying on documents filed by defendant: Delhi high court
Delhi High Court Clarifies: Plaint Cannot Be Dismissed Based on Defendant's Documents Under Order VII Rule 11 CPC Case Title: Central Court Hotel v. Jasmeet Singh Marwah and Anr. Case Number: I.A. 6645/2023 in CS(OS) 147/2023 Citation: (2026) ibclaw.in 5155 HC Coram: Justice Subramonium Prasad The Delhi High Court has dismissed an application filed under Order VII Rule 11 of the Code of Civil Procedure, 1908 seeking rejection of a plaint, holding that the scope of enquiry u
Section 34 court can correct computational errors in arbitral award without merits review, applying Gayatri Balasamy: Bombay high court
Bombay High Court Rules: Section 34 Courts Can Correct Computational Errors in Arbitral Awards Without Merits Review, Following Gayatri Balasamy. Case Title: Themis Medicare Ltd. v. Mohinder Pal Singh Anand and Anr. Case Number: Arbitration Petition No. 322 of 2018 with Interim Application No. 3410 of 2026 Citation: (2026) ibclaw.in 4895 HC Coram: Justice Sharmila U. Deshmukh The Bombay High Court has partly allowed a petition under Section 34 of the Arbitration and Conciliat
Section 9 arbitration petition maintainable despite prior appointment of arbitrator where tribunal becomes non-functional: Bombay high court
Bombay High Court Rules: Section 9 Arbitration Petitions Maintainable Even if Tribunal Becomes Non-Functional Before Arbitrator Appointment. Case Title: Seetaram Shiva Shetty v. Sudhir Vasu Shetty and Ors. Case Number: Comm. Arbitration Petition (L) No. 24746 of 2026 Citation: (2026) ibclaw.in 4738 HC Coram: Justice Amit Borkar The Bombay High Court has held that a petition under Section 9 of the Arbitration and Conciliation Act, 1996 remains maintainable even after an Arbi
Supreme court: High court justified in setting aside co-operative arbitrator's award where relevant documents were ignored
Supreme Court Affirms High Court's Decision to Overturn Arbitration Award Due to Ignored Documents, Highlighting Judicial Oversight in Arbitration Processes. Case Title: Shri Prakash Narain Sharma (Dead) Through Legal Representative v. Burmah Shell Co-Operative Housing Society (Regd) and Ors. Citation: (2026) ibclaw.in 557 SC Coram: Justice Ujjal Bhuyan and Justice Atul S. Chandurkar The Supreme Court has dismissed a batch of civil appeals arising out of a dispute concerning
Supreme court clarifies the distinction between the seat and venue of arbitration
Supreme Court clarifies the distinction between the seat and venue of arbitration, highlighting key legal implications. The Supreme Court, in its judgment dated 23 September 2026, Mahanadi Coalfields Ltd. and Ors. v. GSCO (Gurmeet Singh and Company) Infrastructure Pvt. Ltd., examined an important question concerning the territorial jurisdiction of courts in arbitration proceedings. The case primarily concerned whether the place where arbitral proceedings were conducted could
Deposit is not payment: Supreme court clarifies when interest on an arbitral award ceases to run
Supreme Court Ruling: Clarification on When Interest on Arbitral Awards Stops, Highlighting the Difference Between Deposits and Payments. National Seeds Corporation Ltd. v. National Agro Seed Corporation (India), 2026 INSC 1017 The Supreme Court in National Seeds Corporation Ltd. v. National Agro Seed Corporation (India) examined an important question concerning the liability of an award debtor to pay interest after depositing the awarded amount before a court. The Court clar
Bombay high court directs developer to hand over possession of redevelopment property to society, appoints arbitrator in section 9 petition
Bombay High Court Orders Developer to Transfer Redevelopment Property to Society; Arbitrator Appointed in Section 9 Petition Case Title: Padmavati Nagar Co-Operative Housing Society Ltd. v. Viraj Properties and Real Estate Pvt. Ltd. Citation: (2026) ibclaw.in 4900 HC Coram: Justice Amit Borkar The Bombay High Court has directed a developer to hand over vacant possession of a redevelopment property to a co-operative housing society within four weeks, while restraining it from
Bombay high court restrains former Kidzee franchisee from using mark "KIDGEE", holds post-termination trademark dispute arbitrable under section 9
Bombay High Court issues injunction against former Kidzee franchisee for using "KIDGEE" mark; declares post-termination trademark dispute arbitrable under Section 9. Case Title: Zee Learn Ltd. v. Beauty Singh Citation: (2026) ibclaw.in 4899 HC Coram: Justice Amit Borkar The Bombay High Court has restrained a former franchisee of the "KIDZEE" preschool brand from using the mark "KIDGEE" or any other deceptively similar name, holding that a dispute concerning continued use of
MSME borrower cannot raise grounds in later proceedings when they were available in earlier SARFAESI litigation: Kerala high court
Kerala High Court rules that MSME borrowers cannot introduce new grounds in later proceedings if they were available in earlier SARFAESI litigation. The Kerala High Court, in Soubhagye Road Builders & Ors. v. Reserve Bank of India & Ors., W.A. No. 1560 of 2026, decided on 1 September 2026, examined whether an MSME borrower could subsequently rely on the MSME Notification dated 29 May 2015 and the RBI Circular dated 17 March 2016 to challenge auction proceedings initiated und
Bombay high court condones 527 days delay in section 11 arbitration application
Bombay High Court pardons a 527-day delay in filing a Section 11 arbitration application, demonstrating flexibility in legal proceedings. The Bombay High Court in Atul Projects India Pvt. Ltd. v. Taksha Spaces Pvt. Ltd. & Ors., decided on 1 September 2026, considered whether a delay of 527 days in filing an application under Section 11(6) of the Arbitration and Conciliation Act, 1996 could be condoned. The Court held that the Applicant had shown sufficient cause and that the
Solatium and interest for land acquired under national highways act to be computed basis date of competent authority’s award: Supreme court
Supreme Court Ruling: Solatium and interest for land acquired under the National Highways Act to be calculated from the date of the competent authority's award. Case Name: Manav Bhanot v. National Highway Authority of India Coram: Justices J.B. Pardiwala and K. Vinod Chandran Citation: (2026) ibclaw.in 628 SC | Civil Appeal No. 12587 of 2026 | Decided on 08.09.2026 The Supreme Court has held that solatium, interest, and interest on solatium payable for land acquired under the
Delhi high court: 2nd application under section 9 of arbitration & conciliation act seeking reliefs already declined in earlier petition between same parties not maintainable
Delhi High Court rules that a second application under Section 9 of the Arbitration & Conciliation Act, seeking reliefs previously declined in an earlier petition involving the same parties, is not maintainable. Case Name: DC Multi Modal Park Pvt. Ltd. v. Maharashtra MMLP Pvt. Ltd. and Anr. Coram: Justice Tushar Rao Gedela Citation: (2026) ibclaw.in 5009 HC | O.M.P.(I) (COMM.) 145/2026 | Decided on 01.09.2026 The Delhi High Court has held that a second petition under Section
Supreme court: Arbitral tribunal alone can decide whether termination dispute falls within ‘excepted matters’, writ court cannot circumscribe its section 16 jurisdiction
Supreme Court clarifies that only an arbitral tribunal can resolve if a termination dispute falls under 'excepted matters,' maintaining its authority under section 16 and limiting writ court's jurisdiction. Case Name: GVV Constructions Pvt. Ltd. v. Union of India and Ors. Coram: Justices P.S. Narasimha and Alok Aradhe Citation: (2026) ibclaw.in 631 SC | Civil Appeal No. 12525 of 2026 | Decided on 08.09.2026 The Supreme Court has held that a writ appellate court cannot, while
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