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Supreme court disposes of SLP against arbitrator's order on stay of proceedings amid IBC moratorium plea, keeps issues open
- 18 hours ago
- 2 min read
Case Details
Case Title: Umesh Bajaj v. Amit Khaneja and Anr.
Coram: Justice J.B. Pardiwala and Justice K. Vinod Chandran
The Supreme Court has disposed of a Special Leave Petition filed against an order of an Arbitrator on a plea for stay of arbitral proceedings on account of interim moratorium under Section 96 of the Insolvency and Bankruptcy Code, 2016, keeping all issues open for the parties to raise before the High Court.
The Bench of Justice J.B. Pardiwala and Justice K. Vinod Chandran was considering a petition arising from an order passed by an Arbitrator appointed under Section 11 of the Arbitration and Conciliation Act, 1996.
Background
The petitioner had earlier filed an application under Section 11 of the Act before the High Court for appointment of an arbitrator, which was allowed, and a former High Court Judge was appointed as Arbitrator. During the arbitral proceedings, the respondents raised a plea of interim moratorium under Section 96 of the IBC, on the issue whether the arbitration proceedings should continue. The Arbitrator partly allowed the application, holding that proceedings with respect to the debtors undergoing personal insolvency would be stayed, while declining to grant a stay for the other respondents in the arbitration.
Being dissatisfied with the Arbitrator's order, the respondents approached the Supreme Court.
Findings
The Court noted that the matter was listed before the High Court on 24.09.2026, and requested the High Court to ensure the matter is heard on that date so that the parties would know where they stand. It further observed that if a request is made to prepone the hearing, the same may also be considered accordingly.
Keeping all issues open for the parties to raise before the High Court, the Supreme Court disposed of the Special Leave Petition, along with pending applications, if any.
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