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Insights & Ideas
Our blog is designed to inform, inspire, and empower you with valuable knowledge for both personal and professional growth.
Insights & Ideas
Our blog is designed to inform, inspire, and empower you with valuable knowledge for both personal and professional growth.
.png)
Insights & Ideas
Our blog is designed to inform, inspire, and empower you with valuable knowledge for both personal and professional growth.
Blogs
adrEdge Wins "Best ODR Innovation Award" at the Global LendTech, Risk & Collection Summit 2026
adrEdge by Frugal Scientific Pvt. Ltd. wins the "Best ODR Innovation Award" at the 2nd Global LendTech, Risk & Collection Summit, Bengaluru, 19th August 2026. Bengaluru, India — 19th August 2026 We're proud to share a milestone moment for adrEdge and the entire Frugal Scientific team: adrEdge by Frugal Scientific Private Limited has been honored with the Best ODR Innovation Award at the 2nd Edition Global LendTech, Risk & Collection Summit & Awards Series, held at the Radisso
Aug 202 min read
Bombay high court upholds arbitrator appointed under section 84 of the MSCS act, says section 21 notice not required
Bombay High Court Confirms Arbitrator Appointment Under Section 84 of the MSCS Act, Rules Section 21 Notice Unnecessary. Case Name: Universal Textile Waterproof Co. (India) v. Central Registrar of Co-Operative Societies and Ors. Case No: Writ Petition (L) No. 23098 of 2026 with Writ Petition (L) No. 26560 of 2026, decided on 1 October 2026 Coram: Justice Bharati Dangre and Justice Ashish S. Chavan Citation: (2026) ibclaw.in 6044 HC The Bombay High Court has dismissed two wri
2 hours ago4 min read
Bombay high court appoints sole arbitrator, says replacement of tender arbitration clause not shown clearly at section 11 stage
Bombay High Court Appoints Sole Arbitrator: Clarifies Tender Arbitration Clause Replacement at Section 11 Stage. Case Name: Jayant Infratech Ltd. v. RCCPL Pvt. Ltd. Case No: Commercial Arbitration Application No. 397 of 2026, decided on 5 October 2026 Coram: Justice Amit Borkar Citation: (2026) ibclaw.in 6043 HC The Bombay High Court has allowed an application under Section 11 of the Arbitration and Conciliation Act, 1996 and appointed a sole arbitrator, holding that the res
3 days ago4 min read
Delhi high court refuses to restrain encashment of performance bank guarantee, says invocation need not specify amount recoverable
Delhi High Court Verdict on Performance Bank Guarantee: No Restriction on Encashment, Invocation Need Not Specify Recoverable Amount. Case Name: Sanjeevni Infra Projects Ltd. v. Union of India and Anr. Case No: O.M.P.(I) (Comm.) 469/2026 and I.A. 27830/2026, decided on 7 October 2026 Coram: Justice Manoj Jain Citation: (2026) ibclaw.in 6080 HC The Delhi High Court has dismissed a petition under Section 9 of the Arbitration and Conciliation Act, 1996 seeking to restrain encash
4 days ago3 min read
Supreme court: Clause barring interest “Or Otherwise” excludes pre-reference and pendente lite interest under section 31(7)(a) of arbitration act
Supreme Court decision highlights clause excluding certain interests under Section 31(7)(a) of the Arbitration Act, as illustrated in a professional legal setting. Case Name: Sharma Enterprises v. National Building Construction Corporation Coram: Justice Aravind Kumar and Justice Vipul M. Pancholi (Judgment authored by Justice Pancholi) Citation: (2026) ibclaw.in 671 SC Case No.: Civil Appeal No. 13782 of 2026 (Special Leave Petition (C) No. 17072 of 2026) Decided on: 15 Oct
5 days ago4 min read
Bombay high court allows third round of Auction of 65% shareholding in kakade construction company, permits decree holder to offer its 35% alongside
Bombay High Court Approves Third Auction Round for 65% Shares in Kakade Construction, Allowing Decree Holder to Offer Additional 35%. Case Name: Vistra ITCL (India) Ltd. and Anr. v. Sanjay Dattatreya Kakade and Ors. Coram: Justice Rajesh S. Patil Citation: (2026) ibclaw.in 6038 HC Case No.: Commercial Execution Application (Lodging) No. 1599 of 2018 Decided on: 06 October 2026 The High Court of Bombay has allowed an Interim Application filed by the decree holder in execution
6 days ago4 min read
Madhya Pradesh high court: Fee of panchayat under section 387 of municipal corporation act, 1956 can be determined by borrowing provisions of arbitration act, 1996
"Madhya Pradesh High Court: Panchayat fees under Municipal Corporation Act, 1956, can utilize provisions from the Arbitration Act, 1996, for determination." Case Name: Indore Municipal Corporation and Ors. v. Mahendra Kumar Vijayvargiya and Ors. Coram: Justice Subodh Abhyankar and Justice Alok Awasthi Citation: (2026) ibclaw.in 6120 HC Case No.: Writ Appeal No. 1908 of 2023 with Writ Appeal No. 1910 of 2023 Decided on: 07 October 2026 The High Court of Madhya Pradesh at Indor
Oct 263 min read
Himachal Pradesh high court directs payment of interest for 367 days delay in deposit of land acquisition compensation under national highways act, 1956
Himachal Pradesh High Court orders interest payment for a 367-day delay in land acquisition compensation under the National Highways Act, 1956. Case Title: Deepak Bareja and Anr. v. Union of India and Ors. Coram: Justice Sandeep Sharma Citation: (2026) ibclaw.in 5955 HC | CWP No. 2816 of 2024 | Decided on 08.10.2026 The High Court of Himachal Pradesh has held that landowners are entitled to interest for the period during which the compensation determined under an award was n
Oct 233 min read
Supreme court holds non-signatory partners to be prima facie veritable parties to arbitration over partnership asset, leaves limitation and estoppel to arbitral tribunal
Supreme Court Decision: Non-signatory partners acknowledged as bona fide participants in arbitration related to partnership assets, with issues of limitation and estoppel deferred to the arbitral tribunal. Case Title: Hemant D. Shah HUF and Anr. v. Chittaranjan D. Shah HUF and Ors. Coram: Justice J. B. Pardiwala and Justice K. Vinod Chandran Citation: (2026) ibclaw.in 661 SC | Civil Appeal No. 13686 of 2026 (SLP (C) No. 26474 of 2026) | Decided on 12.10.2026 The Supreme Cour
Oct 224 min read
Supreme court holds Goa to be juridical seat where arbitration clause names Delhi and Goa and governing law clause vests exclusive jurisdiction in Goa courts
Supreme Court Designates Goa as Juridical Seat with Exclusive Jurisdiction, Despite Arbitration Clause Naming Delhi and Goa. Case Title: Arcis Clean Energy Pvt. Ltd. v. Parshva Innovation[1] Coram: Justice Manoj Misra and Justice Vijay Bishnoi Citation: (2026) ibclaw.in 660 SC | Civil Appeal No. 13663/2026 (SLP (C) No. 35915 of 2025) | Decided on 12.10.2026 The Supreme Court has set aside an order of the Delhi High Court appointing an arbitrator under Section 11(6) of the Ar
Oct 213 min read
Supreme court allows set off of extinguished counterclaim in arbitration following CIRP
Supreme Court Approves Set-Off of Extinguished Counterclaims in Arbitration Post-CIRP; Legal Implications Highlighted by adrEdge. The Supreme Court of India, in, examined the interplay between the clean slate principle under the Insolvency and Bankruptcy Code, 2016 (IBC) and the right to raise a counterclaim in arbitration after approval of a resolution plan. The Court upheld the continuation of arbitration proceedings while permitting the appellant to use its extinguished cl
Oct 193 min read
Separate agreements, separate arbitration clauses: Supreme court clarifies the scope of judicial intervention
Supreme Court Clarifies Judicial Scope in Arbitration: Understanding Separate Agreements and Clauses through ADRedge Insights. In Shubham Equipment Pvt. Ltd. and Anr. v. Rothwell Water Company Ltd. and Ors., decided on 8 October 2026, the Supreme Court of India reiterated the principle of minimal judicial intervention at the stage of appointing an arbitrator. The Court examined the effect of separate arbitration clauses in multiple commercial agreements and considered whethe
Oct 193 min read
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
Oct 164 min read
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
Oct 154 min read
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
Oct 154 min read
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
Oct 143 min read
When proof matters: Delhi high court on damages and confidentiality in conciliation
Delhi High Court Deliberates on the Importance of Evidence in Conciliation Cases Involving Damages and Confidentiality. Eco Green Buildtech Pvt. Ltd. v. Vikartan Infrastructure Pvt. Ltd. The Delhi High Court, in Eco Green Buildtech Pvt. Ltd. v. Vikartan Infrastructure Pvt. Ltd., examined important issues concerning the award of damages in arbitration and the confidentiality of conciliation proceedings. The judgment highlights that while an arbitral tribunal may use its exper
Oct 95 min read
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
Oct 93 min read
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
Oct 74 min read
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
Oct 73 min read
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
Oct 13 min read
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
Oct 13 min read
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
Sep 303 min read
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
Sep 303 min read
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
Sep 294 min read
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
Sep 288 min read
Arbitration cannot become arbitrary: Supreme court sets aside tribunal appointed without consent
Supreme Court Upholds Fairness: Sets Aside Tribunal Appointed Without Consent, Emphasizing Non-Arbitrary Arbitration Practices. A Look at Arth Micro Finance Private Ltd. and Ors. v. Shivalik Small Finance Bank Ltd. In a recent order dated September 17, 2026, the Supreme Court of India delivered a sharp reminder that the process of appointing an Arbitral Tribunal must rest on genuine consent, and that any interim orders passed by a tribunal whose very constitution is doubtful
Sep 253 min read
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
Sep 253 min read
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
Sep 243 min read
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
Sep 242 min read
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
Sep 234 min read
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
Sep 233 min read
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
Sep 224 min read
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
Sep 223 min read
Delay of twenty seven days in filing section 34 petition condoned where judgment debtor diligently pursued section 33 application and related proceedings: Delhi high court
Delhi High Court Condones 27-Day Delay in Filing Section 34 Petition Due to Diligent Pursuit of Section 33 Applications by Judgment Debtor. Case Title: Inox Wind Ltd. and Anr. v. Jasdan Energy Pvt. Ltd. and Anr. Citation: (2026) ibclaw.in 5008 HC Coram: Justice Avneesh Jhingan The Delhi High Court has condoned a delay of twenty seven days in filing a petition under Section 34 of the Arbitration and Conciliation Act, 1996, holding that the delay stood explained by the judgment
Sep 184 min read
Unilateral appointment of arbitrator cannot be waived by mere participation in proceedings, award rendered a nullity: Delhi high court
Delhi High Court Rules Unilateral Arbitrator Appointments Require Consent: Participation Alone Insufficient for Validity, Resulting in Nullity. Case Title: Union of India v. Goodrich Foodtech Ltd. Citation: (2026) ibclaw.in 4655 HC Coram: Justice Subramonium Prasad The Delhi High Court has set aside an arbitral award on the ground that the Sole Arbitrator was unilaterally appointed by the Union of India in violation of Section 12(5) read with the Seventh Schedule of the Arbit
Sep 183 min read
Supreme court clarifies when an arbitration clause in a loan agreement binds a personal guarantor
Supreme Court Provides Clarity on Arbitration Clauses in Loan Agreements Affecting Personal Guarantors. The Supreme Court of India, in National Skill Development Corporation v. Surya Wires Private Limited & Ors., decided on 8 September 2026, examined whether an arbitration clause contained in a Loan Agreement could bind a person who had executed a Personal Guarantee in his individual capacity, where the Guarantee was expressly incorporated into the Loan Agreement. The Court
Sep 175 min read
Arbitrator has no power to appoint advocate commissioner for collecting evidence, power under section 17 subject to bar in sections 26 and 27: Kerala high court
Kerala High Court Rules Arbitrators Cannot Appoint Advocate Commissioners for Evidence Collection; Legal Powers Limited Under Section 17, as Barred by Sections 26 and 27. Case Title: DLF Southern Towns Pvt. Ltd. v. Aditya Deo and Anr. Citation: (2026) ibclaw.in 4484 HC Coram: Justice Easwaran S. The Kerala High Court has held that an Arbitral Tribunal does not have the power to appoint an advocate commissioner to collect evidence, and that the power to grant interim measures
Sep 113 min read
Delhi high court reaffirms limited scope of section 34 review while upholding arbitral award in DLF Home Developers v. Klassik Lamitex
Delhi High Court affirms limited scope of Section 34 review, upholding arbitral award in DLF Home Developers v. Klassik Lamitex case. In DLF Home Developers Ltd. v. Klassik Lamitex Pvt. Ltd., O.M.P. (COMM) 379/2021, decided on 5 August 2026, the Delhi Hig Court considered the limited scope of judicial interference with an arbitral award under Section 34 of the Arbitration and Conciliation Act, 1996. The Court, presided over by Justice Subramonium Prasad, dismissed DLF Home D
Sep 105 min read
Arbitral tribunal can draw sustenance from CPC provisions in interest of justice, even though commercial courts act amendments not mandatorily applicable to arbitration: Calcutta high court
"Calcutta High Court Rules: Arbitral Tribunals May Reference CPC for Justice Interests, Without Mandatory Application of Commercial Courts Act Amendments." Case Title: Kolkata Municipal Corporation v. Bengal Shelter Housing Development Ltd. Citation: (2026) ibclaw.in 4553 HC Coram: Justice Shampa Dutt The Calcutta High Court has set aside a procedural order passed by a Sole Arbitrator, holding that the chief examination of all witnesses of a party ought to be recorded before
Sep 93 min read
Section 9 petition maintainable despite pending NCLT proceedings on overlapping facts where rights claimed arise from shareholders' agreement: Bombay high court
"Bombay High Court rules Section 9 petition maintainable amid ongoing NCLT proceedings due to shareholders' agreement, as shown on adrEdge ODR platform." Case Name: Shiv Keshrimal Agrawal v. Farma Hub Overseas Pvt. Ltd. and Ors. Citation: (2026) ibclaw.in 4177 HC Coram: Justice Amit Borkar The Bombay High Court has partly allowed a petition filed under Section 9 of the Arbitration and Conciliation Act, 1996, granting limited interim protection to a Director and 33% shareholde
Sep 83 min read
Delhi high court refuses additional protection to lender where mortgage already secures the debt
Delhi High Court Decision: No Extra Protection for Lenders Beyond Mortgage Security, Confirms Court. In a recent ruling, the Delhi High Court dismissed an appeal filed by Axis Finance Ltd against Rishab Mago and others, upholding an earlier decision of a Single Judge that had declined to grant interim relief to the lender under Section 9 of the Arbitration and Conciliation Act, 1996. The judgment was delivered on 1 September 2026 by a Division Bench comprising Justice Anil Ks
Sep 73 min read
Bombay high court restores commercial suit rejected over authority's failure to issue final
Bombay High Court Restores Commercial Suit Due to Authority's Delay, Highlighting Judicial Oversight. Mediation Notice Jivaraj Ravaji Gandhi v. Solapur Jilha Dudh Utpadak va Prakriya Sangh Maryadit Solapur and Ors., Commercial First Appeal No. 23 of 2025, decided on 7 August 2026 by the Bombay High Court (Madhav J. Jamdar and Pravin S. Patil, JJ.) Background The Appellant, a supplier of grains, oiled cakes and cattle feed, had supplied goods to the Respondent dairy cooperati
Sep 74 min read
Party in default of assured return clause cannot invoke section 55 of contract act to resist termination for delayed possession: Delhi high court
Delhi High Court's Ruling: Defaulting Parties Cannot Use Section 55 to Delay Contract Termination. Case Name: Omaxe Ltd. v. Joginder Singh Nijjar and Anr. Citation: (2026) ibclaw.in 4669 HC Coram: Justice V. Kameswar Rao and Justice Manmeet Pritam Singh Arora The Delhi High Court has dismissed an appeal under Section 37 of the Arbitration and Conciliation Act, 1996, upholding an Arbitral Award that directed refund of the sale consideration paid for a commercial unit along w
Sep 33 min read
Interpretation of limitation of liability clause in contract is within arbitrator's domain, section 34 court cannot substitute its own view: Bombay high court
"Legal Authority Confirmed: Bombay High Court affirms that interpreting limitation of liability clauses in contracts remains within the arbitrator's jurisdiction, emphasizing non-interference by courts under section 34." Case Name: Conso Feeds v. Alfa Laval (India) Pvt. Ltd. Citation: (2026) ibclaw.in 4335 HC Coram: Justice Sharmila U. Deshmukh The Bombay High Court has dismissed a petition filed under Section 34 of the Arbitration and Conciliation Act, 1996, holding that t
Sep 33 min read
Section 34 court cannot re-appreciate evidence on attribution of delay where arbitrator's view is plausible: Delhi high court upholds 10% liquidated damages deduction
Delhi High Court Affirms Arbitrator's Decision: Section 34 Court Cannot Re-evaluate Delay Evidence, Upholds 10% Liquidated Damages Deduction. Geo Miller & Co Pvt. Ltd. v. Indian Oil Corporation Ltd. Citation: (2026) ibclaw.in 4472 HC Court: High Court of Delhi Case No.: O.M.P. (COMM) 494/2016 Decided on: 27-Jul-26 Coram: Mr. Justice Om Prakash Shukla The Delhi High Court has upheld an arbitral award which found a contractor responsible for delay in completing an EPC project a
Sep 22 min read
Arbitration agreement travels with assignment where assignee steps into original lender's shoes and borrower acts upon it: Bombay high court
Arbitration agreements remain valid through assignments, allowing assignees to assume the original lender's role, as confirmed by the Bombay High Court. Kotak Mahindra Bank Ltd. v. Sitaram Energy and Logistics Ltd. Citation: (2026) ibclaw.in 4019 HC Court: High Court of Bombay Case No.: Comm Arbitration Petition (L) No. 5535 of 2025 with Comm Arbitration Petition (L) No. 5944 of 2025 Decided on: 23-Jul-26 Coram: Mr. Justice Amit Borkar The Bombay High Court has held that wher
Sep 23 min read
Writ petitions seeking interest for delayed payment not maintainable where contract bars interest and provides for civil suit or arbitration: Andhra pradesh high court
Writ petitions for interest on delayed payments deemed non-maintainable when contracts prohibit interest and allow civil suits or arbitration, rules the Andhra Pradesh High Court. Yellaboina Mallaiah v. State of Andhra Pradesh and Ors. Citation: (2026) ibclaw.in 4194 HC Court: High Court of Andhra Pradesh Case No.: Writ Petition Nos. 5506, 5608, 5712, 5748, 5781, 8818, 8895, 8978, 9279 and 9730 of 2025 Decided on: 22-Jul-26 Coram: Sri Justice Subba Reddy Satti The Andhra Prad
Sep 23 min read
Bombay high court appoints receiver to trace hypothecated construction equipment, declines bank account attachment in section 9 petition
Bombay High Court Appoints Receiver for Hypothecated Equipment, Rejects Bank Account Attachment Request in Section 9 Petition. Tata Capital Ltd. v. Jain Globals and Ors. Citation: (2026) ibclaw.in 4173 HC Court: High Court of Bombay Case No.: Comm Arbitration Petition (L) No. 8727 of 2026 (with 23 connected petitions) Decided on: 28-Jul-26 Coram: Mr. Justice Amit Borkar The Bombay High Court has held that while a financier is entitled to interim protection for tracing and pre
Sep 12 min read
Delay attributable to employer disentitles imposition of liquidated damages: Delhi high court upholds arbitral award in favour of NH road contractor
Delhi High Court Supports NH Road Contractor: Employer-Caused Delays Prevent Liquidated Damages. Case Title: Public Works Department, NH Wing and Anr. v. GVR Infra Projects Ltd. Case Number: O.M.P. (COMM) 236/2026 | Delhi High Court | Justice Subramonium Prasad The Delhi High Court has dismissed a petition filed under Section 34 of the Arbitration and Conciliation Act, 1996, upholding an arbitral award of over Rs. 48.57 crores passed in favour of a road construction contrac
Aug 313 min read
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