ARBITRATION
'You Harass Shareholders': Supreme Court Directs Mediation In 34-Year-Old ITC Share Dispute
The Supreme Court on Thursday directed the parties to attempt mediation in a dispute concerning 85 ITC shares purchased by Prakash Chand Baid in 1989.A bench comprising Justices Aravind Kumar and Vipul M. Pancholi issued limited notice for the purpose of exploring mediation and directed the matter to be listed after four weeks.During the hearing, the bench questioned why the dispute concerning the shares had continued for so many years and urged the parties to make another attempt at resolving...
Supreme Court Upholds Bombay HC Order Referring Kirloskar Family Dispute To Arbitration
The Supreme Court has upheld the Bombay High Court's decision to refer to arbitration a dispute between Kirloskar Brothers Limited and members of the Kirloskar family arising from a Deed of Family Settlement dated September 11, 2009 (DFS). The DFS sought to formalise the separation of businesses and group companies among different branches of the family with Clause 20 containing an arbitration agreement.A bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and V....
Calcutta High Court Rejects Reliance Jute Mills' ₹1.09 Cr. Claim Against Over Interest On Interest
The Calcutta High Court on 27 August dismissed Reliance Jute Mills (International) Ltd's execution petition seeking an additional Rs. 1.09 crore from The Oriental Insurance Company Ltd, after finding that Reliance had already received Rs. 8.76 crore under the arbitral award dated 2 March 2020. Justice Gaurang Kanth held that the amount already paid, together with accrued interest, exceeded the amount payable under the award and that Reliance could not claim further interest by treating accrued...
Interim Return Of Property Can Support Arbitration Without Granting Final Relief: Bombay High Court
The Bombay High Court on 27 August held that directing the return of property as an interim measure does not amount to granting final relief where the direction is intended to protect and support arbitral proceedings. Justice Amit Borkar partly allowed a petition filed by Limited Liability Company “LTB” seeking interim protection in respect of its tank containers and directed their release, while leaving the parties' substantive claims open for appropriate proceedings. He held: “I do not...
IBC Resolution Ends Pre-Resolution Claims, Arbitration Cannot Continue: Bombay High Court
The Bombay High Court has recently held that once a corporate debtor is resolved under the Insolvency and Bankruptcy Code, there is no residual cause of action from a pre-resolution claim that can be pursued through arbitration or Section 9 proceedings.Justice Somasekhar Sundaresan observed that the insolvency resolution process brings such claims to an end, whether the creditor recovers some, none or all of the amount claimed. The court held, “That a corporate debtor who is resolved under the...
Personal Guarantor Bound By Arbitration Clause In Loan Agreement Where Transaction Is Composite: Supreme Court
The Supreme Court on Tuesday ruled that an arbitration clause in a loan agreement can bind a personal guarantor even where the guarantee contains no separate arbitration clause. This applies where the guarantee is expressly integrated into the loan agreement as part of the same composite transaction.Allowing an appeal by the National Skill Development Corporation (NSDC) against Surya Wires Private Limited and others, the Court set aside the Delhi High Court's judgment upholding the deletion of...
Co-operative Bank Can Initiate Arbitration Without Specific Managing Committee Authorisation: Kerala High Court
The Kerala High Court has held that a co-operative society's failure to produce a Managing Committee resolution before the Arbitrator does not invalidate arbitration proceedings initiated by the society. The court ruled that the requirement under Rule 67(2) of the Kerala Co-operative Societies Rules, 1969, is directory and not mandatory“However, I am of the opinion that, though the word 'shall' is used in Rule 67(2) of the 1969 Rules, the provision cannot be construed as mandatory, and it can...
30-Day Limit For Correcting Award Is Inflexible, Applies To NH Act Arbitration: Karnataka High Court
The Karnataka High Court has held that the 30-day limit for seeking correction or interpretation of an arbitral award cannot be extended, and a belated application cannot revive the time limit for challenging the award, including in arbitrations under the National Highways Act, 1956.A Division Bench of Chief Justice Vibhu Bakhru and Justice K.S. Hemalekha dismissed an appeal filed by the National Highways Authority of India (NHAI) against the 13 February 2026 order of the Principal District and...
Delhi High Court Refers Flemingo-AAI Dispute To Arbitration, Says Conditional Notice Is Not Invocation
The Delhi High Court on 7 September referred a dispute between Flemingo (DFS) Private Limited and the Airports Authority of India (AAI) concerning the operation of duty-free shops at Amritsar Airport to arbitration. Justice Jasmeet Singh appointed Justice Shalinder Kaur (Retd.) as the sole arbitrator to adjudicate the disputes, holding that Flemingo's earlier communications did not amount to invocation of arbitration and that its petition under Section 11(6) of the Arbitration and Conciliation...
Authority Letter Allowing Partner To “Deal” With Firm Property Not Blanket Sale Power: Bombay High Court
The Bombay High Court has held that an authority letter allowing a partner to “deal” with partnership property cannot by itself be treated as a blanket power to sell or transfer the firm's immovable properties.The court observed that the authority letters gave the partner “authority of some substance”, but did not confer an unrestricted power to sell or transfer the firm's immovable properties.Justice Amit Borkar, while deciding a plea under the Arbitration Act seeking interim relief...
Delhi High Court Restrains TruCap Finance From Disposing Assets Worth Rs. 1.70 Crore
The Delhi High Court on 1 September restrained TruCap Finance Limited from creating third-party rights or encumbrances over, or disposing of, assets worth up to Rs. 1.70 crore in a dispute with UGRO Capital Limited. Justice Om Prakash Shukla also appointed Advocate Manisha Suri as the sole arbitrator to adjudicate the dispute arising from a co-lending arrangement between the two non-banking financial companies. The Bench observed: “Having heard learned Senior counsel for the Petitioner and...
LiveLawBiz Arbitration Cases Weekly Digest: August 31 - September 5, 2026
NOMINAL INDEXUttar Pradesh Rajya Vidyut Utpadan Nigam Limited (UPRVUNL) v. M/s Adani Enterprises Limited, 2026 LLBiz SC 291Larsen and Toubro Limited v. India International Convention and Exhibition Centre LimitedZee Learn Limited v. Pragati Shiksha Shrot Trust, 2026 LLBiz HC (BOM) 472M/s URC Construction (P) Ltd. v. Airports Authority of India, 2026 LLBiz HC (DEL) 922Omaxe Ltd. v. Asha Saini, 2026 LLBiz HC (DEL) 917Jindal ITF Limited v. NTPC Limited & Anr., 2026 LLBiz HC (DEL) 916Otsuka...