Technical Jurisdiction Objections Cannot Defeat Merits Of Commercial Disputes Chhattisgarh High Court

The Chhattisgarh High Court on 2 July held that a party cannot defeat adjudication of a commercial dispute on merits by raising a technical objection that it filed a Section 34 application under the Arbitration and Conciliation Act, 1996 before a court without pecuniary jurisdiction. Justice Ravindra Kumar Agrawal dismissed a writ petition filed by Gulab Chand Jain challenging the transfer of the Municipal Corporation, Raipur's challenge to an arbitral award directing it to pay Rs. 2.32 crore...

Individual Arbitrator Cannot Be Appointed For MSME Disputes U/S 18 MSMED Act: Himachal Pradesh HC

The Himachal Pradesh High Court on 7 July held that a Micro and Small Enterprises Facilitation Council cannot refer disputes under the Micro, Small and Medium Enterprises Development Act, 2006 (MSMED Act) to an individual arbitrator and must either decide the dispute itself or refer it to an arbitral institution or centre providing alternate dispute resolution services. A Bench of Justice Jyotsna Rewal Dua set aside the ex parte arbitral award passed against Tynor Orthotics Pvt. Ltd. and...

MSME Award Can Be Challenged Without 75% Pre-Deposit if Nullity Is Prima Facie Shown: Delhi High Court

The Delhi High Court has held that a court hearing a challenge to an arbitral award under the Micro, Small, and Medium Enterprises Development Act, 2006 ("MSME Act") is not barred from examining a credible, ex facie plea that the award is a nullity merely because the buyer has not deposited 75% of the awarded amount under Section 19 of the Act. Applying this same principle, a Division Bench of Justice V. Kameswar Rao and Justice Manmeet Pritam Singh Arora set aside an ex parte award directing...

LiveLawBiz Arbitration Cases Weekly Digest: July 6 - July 11, 2026

NOMINAL INDEXNCC Limited v. Airport Authority of India, 2026 LLBiz HC(DEL) 695Union of India v. M/s ISC-YUG (JV) & Anr. (Connected Matters), 2026 LLBiz HC(DEL) 686 Vinay Mawandia v. Bimal Mawandia & Anr., 2026 LLBiz HC(DEL) 684 Shriram Pistons & Rings Ltd. v. Usha International Ltd., 2026 LLBiz HC(DEL) 680 JPC Infrastructure and Constructions Private Limited v. Alstom Transport India Limited, 2026 LLBiz HC(DEL) 679 D.V. Anand v. Hindustan Petroleum Corporation Ltd., 2026 LLBiz...

Telangana High Court Dismisses Plea To Enforce €247.61 Million Arbitral Award Against RUSAL And Subsidiaries

The Telangana High Court has recently dismissed an execution petition filed by German company OWH SE i.L. seeking enforcement of London Court of International Arbitration (LCIA) awards against Russian aluminium producer United Company RUSAL International P.J.S.C. (RUSAL) and its subsidiaries. The court held that it lacked territorial jurisdiction to entertain the petition.The court stayed the operation of its judgment until June 2, 2026, to enable OWH to prefer an appeal.While doing so, Justice...

Arbitration Act Interim Relief Cannot Be Used To Stay Debarment Based On Administrative Power: Delhi High Court

The Delhi High Court has recently held that interim relief under the Arbitration Act cannot be used to stay a debarment order where the authority's power to debar is derived from an independent statutory or administrative framework rather than the contract between the parties. Justice Harish Vaidyanathan Shankar dismissed NCC Limited's petition seeking a stay on an Airports Authority of India (AAI) order debarring it from participating in AAI's future tenders for two years. The Court observed,...

Corporate Guarantee Cannot Replace Unconditional Bank Guarantee Agreed Between Parties: Bombay High Court

The Bombay High Court has recently held that a corporate guarantee cannot replace an unconditional bank guarantee agreed between commercial parties merely because a party is willing to furnish one, observing that the two provide different degrees of security. Granting interim relief to Oil and Natural Gas Corporation Ltd. (ONGC), Justice Amit Borkar directed Afcons Gunanusa Joint Venture to renew and continue unconditional bank guarantees worth USD 29.91 million, EUR 4.55 million and ₹22.09...

Merely Obtaining Municipal Approvals Does Not Establish Developer's Readiness To Perform Contract: Bombay HC

The Bombay High Court has refused to grant interim relief to Jaycee Homes Private Limited in its plea to restrain Kurla Moon Rock Municipal Employee Cooperative Housing Society Ltd. from appointing another developer and to appoint a Court Receiver over the society's property. It held that obtaining municipal approvals under a registered development agreement, by itself, does not establish that a developer was ready and willing to perform its contractual obligations. Justice Amit Borkar...

Bombay High Court Orders Occupants To Vacate, Says Delay By Few Members May Affect Entire Redevelopment Project

The Bombay High Court has granted interim relief pending arbitration by directing three occupants of a co-operative housing society to vacate their premises within two weeks. The court held that, in the facts of the case, the disputes raised by them could not justify delaying a redevelopment project after 15 of the society's 17 members had already executed the redevelopment documents and the necessary municipal approvals had been obtained. Justice Amit Borkar observed, “Delay by only a few...

Bombay High Court Upholds ₹86.02 Lakh Award Against CDSL Says Depositories Cannot Avoid Liability

The Bombay High Court on 2 July held that a depository cannot escape liability for loss caused to an investor due to negligence by its depository participant by claiming that the participant became the beneficial owner of the securities after transfer. A Division Bench of Justices Bharati Dangre and Manjusha Deshpande upheld an arbitral award directing Central Depository Services (India) Ltd. (CDSL) to pay Rs. 86.02 lakh with 9% post award interest to investor Daksha Bhavsar. The judges...

Calcutta High Court Upholds Arbitral Award Against Neo Metaliks In Lam Coke Supply Contract Dispute

The Calcutta High Court has upheld an arbitral award in favour of Orissa Metaliks Pvt Ltd, dismissing Neo Metaliks Ltd's appeal arising from a dispute over a Lam Coke supply contract. The court found no perversity or patent illegality in either the arbitral award or the earlier judgment refusing to set it aside. A Division Bench of Justices Debangsu Basak and Md. Shabbar Rashidi upheld the arbitral award and affirmed the Single Judge's judgment of January 6, 2025. The Court said that the...

'Deemed Service' Cannot Cure Defect In Service Of Arbitration Notices: Bombay High Court

The Bombay High Court has recently held that the legal presumption that arbitration notices have been served cannot be mechanically invoked where there is no proof that the notices actually reached the parties. Setting aside an arbitral award, the court observed: Justice Arif S. Doctor also quashed an April 4, 2025 judgment of the District Judge, Pune. The District Judge had dismissed the borrowers' challenge to an arbitral award passed in favour of Abhyudaya Co-operative Bank Ltd. in a loan...