Issues About Party's Capacity To Invoke Arbitration And Maintainability Issues Fall Within Tribunal's Domain : Supreme Court

The Supreme Court on Wednesday (December 17) reiterated that the questions related to whether an individual is a veritable party to an arbitration agreement, eligible to invoke the arbitration clause, shall be referred for the Arbitral Tribunal's consideration. A Bench comprising Justice P.S. Narasimha and Justice Atul S. Chandurkar declined to interfere with the Telangana High Court's decision referring the dispute to arbitration and rejected the appellant's objection that Respondent No. 1 was...

Extra Profit Received By Broker Due To Technical Glitch Not Unjust Enrichment: Bombay High Court Upholds Award In Favour Of Kotak Securities

The Bombay High Court has held that profits earned by a client by utilising an increased trading margin erroneously reflected due to a technical glitch in the broker's system cannot be treated as “unjust enrichment”. The Court observed that mere availability of margin created an opportunity to trade, but the profits ultimately arose from the client's skill and risk-taking, and not automatically from the margin itself.Justice Sandeep V. Marne was hearing a petition filed by Kotak Securities...

Bombay High Court Upholds Arbitral Award Granting Specific Performance Of Development Agreement Between BTRA & Nilkanth Enterprise

The Bombay High Court recently dismissed a petition under section 34 of the Arbitration and Conciliation Act, 1996 (Arbitration Act) upholding a 2017 arbitral award directing specific performance of a long negotiated development transaction concerning 57,000 sq. m. of land in Ghatkopar (West), Mumbai. Justice Somasekhar Sundaresan held that “there is nothing on record to show that Nilkanth was unwilling or incapable of performing its part of the bargain. This contention too does not...

Withdrawal Of Consent Of Affiliation By Jamia Hamdard Violated Orders, Frustrated Arbitral Process: Delhi High Court Restores 150 MBBS Seats

The Delhi High Court on December 8th, 2025 held that the withdrawal of the Consent of Affiliation (CoA) by Jamia Hamdard Deemed University (JHDU), necessary for the 150 MMBS seats in the Hamdard Institute of Medical Sciences & Research (HIMSR) violated the binding arbitral and court orders, “frustrating” the arbitral process. The Bench comprising of Justice Jasmeet Singh, holding that “JHDU was fully aware of the subsisting obligations” under the arbitral award and yet “there was no legally...

Review Petition Can't Be Entertained Against Order Refusing To Appoint Arbitrator: Kerala High Court

The Kerala High Court held that review petitions challenging orders passed under section 11 of the Arbitration and Conciliation Act, 1996 (Arbitration Act) are not maintainable, reiterating that the arbitration act is a self contained code and does not permit substantive review unless expressly provided. Justice S. Manu dismissed a review petition filed against an order passed by the court refusing to appoint the arbitrator, holding that the High Court becomes functus-officio after...

S.11 Arbitration Plea Not Maintainable Without Valid S.21 Notice; Email Suggesting Arbitrator Appointment Insufficient: Kerala High Court

The Kerala High Court dismissed an arbitration request filed under section 11(6) of the Arbitration and Conciliation Act, 1996 (Arbitration Act) holding that the applicants failed to send a valid notice under section 21 which is a pre-condition for invoking jurisdiction of the court for appointment of an arbitrator. Justice S. Manu held that email relied upon by the applicants merely asking the respondents to suggest an arbitrator did not mention any specific dispute, any arbitration...

Delay Attributable To State: Sikkim High Court Affirms Arbitral Award Of ₹5.88 Crore; Rejects State's Challenge

The High Court of Sikkim dismissed an appeal under section 37 of the Arbitration and Conciliation Act, 1996 (Arbitration Act) filed by the State of Sikkim and its Power Department challenging an arbitral award that granted escalation and interest to contractor for work executed on a 66/11KV sub-station project at Mangan. A Division Bench comprising Chief Justice Biswanath Somadder and Justice Bhaskar Raj Pradhan upheld the order passed by the Commercial Court holding that neither patent...

Power To Extend Mandate Of Arbitrator Appointed By HC Rests Exclusively With High Court: Calcutta High Court

The Calcutta High Court dismissed a revisional application filed by Cosmic MAPL JV challenging the Commercial Court's refusal to extend the mandate of an arbitrator under Section 29A(4) and 29A(5) of the Arbitration and Conciliation Act, 1996 (Arbitration Act). Justice Shampa Sarkar held that in cases where the referral court is the High Court under section 11, it also becomes the competent court to entertain applications for extension or substitution of arbitrators under section 29A. ...

Writ Petition Filed To Bypass Pre-Deposit Requirement Under MSMED Act Is Not Maintainable: Calcutta High Court

The Calcutta High Court dismissed a petition filed under Article 227 of the Constitution challenging an award passed by the West Bengal Micro & Small Enterprises Facilitation Council (MSEFC), holding that the petition was not maintainable and was filed to evade pre-deposit requirement under section 19 of the MSMED Act, 2006. Justice Hiranmay Bhattacharyya held that the Facilitation Council had jurisdiction to entertain the reference under section 18 and the buyer (Kommoners Club...

Delhi High Court Rejects DDA's Arbitration Appeal, Holds Revaluation Of Evidence Impermissible U/S 37 A&C Act

The Delhi High Court on December 11, 2025 upheld an Arbitral Award that favoured a contractor, M/s Harjinder Brothers, in a dispute over encashment of a bank guarantee and non-payment of "watch and ward" security expenses, dismissing an appeal filed by the Delhi Development Authority (DDA). The Court presided by Hon'ble Justice Chandrasekharan Sudha reaffirmed that the appellate courts are not permitted to re-evaluate evidence under 37, and held that the arbitrator's decision is a "possible and...

Question On Existence Of Arbitration Clause Cannot Be Re-agitated U/S 11 After Being Settled U/S 8 A&C Act: Delhi High Court

The Delhi High Court Bench of Justice Purushaindra Kumar Kaurav has observed that when a party invokes Section 11(6), Arbitration and Conciliation Act (“ACA”) after a judicial authority has declined a referral under Section 8, ACA, it is impermissible for the Court to appoint an arbitrator, owing to issue estoppel and also res judicata.FactsThe Petitioner i.e. JSW MG Motor India Pvt Ltd. (“JSW”), an automobile company filed the present petition against the Respondent i.e. M/s Tristar Auto...

LiveLawBiz: Business Law Daily Round-Up: December 11, 2025

TAXRailway Receipts & STTG Certificates Are Valid Documents For Availing CENVAT Credit Before 27.08.2014: CESTAT Kolkata'Did Not Apply Mind': Gujarat High Court Quashes Tax Authority's Order Refusing To Condone Delay In Filing Return Due To COVID Pandemic Customs Act | 'Prohibition Includes Restriction': CESTAT Chennai Holds S.111(d) Covers Both Complete & Partial Restricted Imports ITC Cannot Be Denied For Non-Filing Of TRAN-1 Due To Transition Issues When GST Regime Came Into Effect:...