ARBITRATION
Punjab and Haryana High Court Sets Aside ₹5.18 Crore Arbitral Award Against Aditya Birla Fashion
The Punjab and Haryana High Court has set aside a Rs. 5.18 crore arbitral award passed in favour of landlord Dayanand and against Aditya Birla Fashion and Retail Limited in a dispute arising from a 2018 warehouse fire, holding that the award was contrary to the express terms of the lease deed and suffered from patent illegality. “By awarding sum to compensate the losses arising from under valuation of the property, for the purposes of insurance, the Arbitrator has virtually re-written the...
RDB Act Does Not Bar MSCS Arbitration For Debt Recovery By Multi-State Co-Op Banks: Bombay High Court
The Bombay High Court has recently held that a multi-state co-operative bank can recover its loan dues through arbitration under Section 84 of the Multi-State Co-operative Societies Act, 2002, which provides for statutory dispute resolution in matters concerning the business of such societies, and is not confined to approaching the Debt Recovery Tribunal under the Recovery of Debts and Bankruptcy Act, 1993. Dismissing challenges to arbitral awards obtained by Abhyudaya Co-operative Bank Ltd,...
Supreme Court Dismisses Aspek Media Plea Against Delhi HC Order Impleading Directors In Arbitral Award Execution
The Supreme Court has recently dismissed a special leave petition filed by Aspek Media Pvt. Ltd. and others against Entertainment City Limited, declining to interfere with a Delhi High Court order in an arbitration matter. A Bench of Justices J.K. Maheshwari and Atul S. Chandurkar said: “After hearing learned counsel, we see no reason and ground to interfere with the order impugned. Accordingly, the special leave petition is dismissed.” The SLP arose from execution proceedings before the...
Decrees Cannot Be Turned into “Paper Tigers” by Permitting Post-Award Property Transfers: Supreme Court
The Supreme Court has reaffirmed that a person who purchases disputed property after the passing of an arbitral award cannot obstruct its attachment in execution proceedings. A Bench of Justice Pankaj Mithal and Justice S.V.N. Bhatti warned that permitting such objections would derail the execution process, causing proceedings to get trapped “in an infinite loop and practically never get completed,” and reducing decrees to mere “paper tigers.” The court emphasised its ruling in Jini...
Expired Contract Cannot Be Terminated: Madras High Court Partly Sets Aside Arbitral Award Favouring Southern Railway
Holding that a contract that has already expired cannot thereafter be terminated, the Madras High Court has partly set aside an arbitral award that upheld Southern Railway's termination of a works contract and the consequent forfeiture of deposits. “The very process of termination presupposes that there is a subsisting contract. If there is no subsisting contract, there is nothing to be terminated thereafter,” Justice N. Anand Venkatesh observed while partly allowing a petition under Section 34...
MSMEs Need Not Always Approach Facilitation Council; Arbitration Clause Enforceable: Karnataka High Court
The Karnataka High Court has recently held that enterprises are not required in every case to move the Facilitation Council under Chapter V of the Micro, Small and Medium Enterprises Development Act, 2006, which provides a mechanism for referring delayed payment disputes to the Council. Justice Suraj Govindaraj clarified that a contractual arbitration clause remains enforceable unless the statutory process under Section 18 is actually invoked. “It cannot be said, as an absolute proposition,...
LiveLawBiz Arbitration Cases Weekly Digest : February 9 - February 15, 2026
Nominal Index A2Z Infraservices Ltd & Anr vs Quippo Infrastructure Ltd & Ors 2026 LLBiz SC 60Ankhim Holdings Pvt. Ltd. & Anr. versus Zaveri Construction Pvt. Ltd. 2026 LLBiz SC 53Aggarwal Sons v. Union of India and Others 2026 LLBiz HC (PNH) 8Airports Authority of India v. URC Construction (P) Ltd 2026 LLBiz HC (DEL) 146E-City Real Estates Pvt Ltd & ANR vs IMAX Corporation & Ors 2026 LLBiz SC 22Fresh and Healthy Enterprise Ltd v. Global AgriSystem Pvt Ltd & connected...
Copy Of Arbitration Agreement Sufficient Where Original Not Available: Calcutta High Court
The Calcutta High Court on Thursday held that an application seeking reference to arbitration cannot be rejected merely because the original arbitration agreement or a certified copy is not produced, if the statutory requirements under the Arbitration and Conciliation Act are otherwise satisfied. A Single Bench of Justice Hiranmay Bhattacharyya set aside the orders of the trial court and the first appellate court, which had refused to refer the parties to arbitration. The court observed that...
Withdrawal Of Arbitrator Does Not Automatically Terminate Arbitral Proceedings: Bombay High Court
The court revived the stalled arbitration between Tata Motors Passenger Vehicles Ltd. and Ghosh Brothers Automobiles after appointing former Bombay HC Judge Justice R.Y. Ganoo (Retd.) as substitute arbitrator
Delhi High Court Upholds ₹2.57 Crore Award Against AAI In Mangalore Airport Control Tower Construction Delay Case
The Delhi High Court has recently dismissed a challenge by the Airports Authority of India (AAI) and upheld an arbitral award directing it to pay Rs. 2.57 Crore with interest and Rs 7 lakh as costs to URC Construction (P) Ltd. The Court held that the 477-day delay in constructing a new control tower-cum-technical block at Mangalore International Airport was attributable to AAI. The award grants interest at 10% per annum from September 4, 2017, till the date of the award, and further 10% from...
Delhi High Court Holds Breach of Settlement Not Contempt In Siemens‑DAMEPL Arbitration
The Delhi High Court has held that contempt proceedings cannot be initiated if the judgment debtor defaults, when there is a settlement agreement between parties specifying the consequences of non-payment. A Bench of Justice Sachin Datta were hearing a case between Siemens Limited and Siemens Aktiengesellschaft (“Siemens”), the decree holders, and Delhi Airport Metro Express Private Limited (“DAMEPL”), the judgment debtor, arising from an arbitral award which partly allowed Siemens' claims. ...