ARBITRATION
Madras HC Disposes Pleas Over 'Agni Siragugal' After Maker Undertakes Not To Release Film Until Dues Cleared
The Madras High Court has disposed of three applications seeking to restrain the release and commercial exploitation of Tamil film Agni Siragugal after Amma Creations undertook not to release, distribute or otherwise commercially exploit the film without clearing the claimed dues.Justice K. Kumaresh Babu recorded the undertaking and directed that it be strictly abided by until the disposal of the arbitral proceedings. The order was passed on September 15.The applications were filed by Shanti...
No Separate Signature Needed On Invoice Arbitration Clause If Parties Acted On It: Delhi High Court
The Delhi High Court on 9 September held that the absence of a separate signature on an arbitration clause printed on the reverse of invoices does not, by itself, negate the existence of an arbitration agreement where the invoices were received and acted upon. Justice Om Prakash Shukla referred the commercial dispute between Tinna Rubber and Infrastructure Limited and Pankaj Gandhi to arbitration and appointed Advocate Mansvini Jain as the sole arbitrator. The Bench observed: “The Respondent's...
One Party's Arbitrator Cannot Act As Sole Arbitrator If Other Fails To Nominate: Karnataka High Court
The Karnataka High Court on 31 August held that where an arbitration agreement gives both parties the right to nominate an arbitrator, one party's nominee cannot proceed as the sole arbitrator merely because the other party failed to make its nomination. The party that has exercised its right to nominate must instead approach the Court under Section 11(6) of the Arbitration and Conciliation Act, 1996. A Division Bench of Justices S. Sunil Dutt Yadav and K.G. Shanthi allowed Lotus Landmarks'...
Gujarat High Court Sets Aside Polymech's ₹40.53 Lakh Majority Award, Upholds ₹4.25 Lakh Minority Award
The Gujarat High Court set aside majority awards granting Rs. 40.53 lakh to Polymech Plast Machines Limited in its insurance dispute with National Insurance Company Limited and upheld the minority award granting Rs. 4.25 lakh. A Division Bench comprising Chief Justice Sunita Agarwal and Justice D.N. Ray held that an arbitral award is vitiated by perversity where arbitrators rely on an office note as the governing insurance policy while excluding the policy containing the arbitration clause. The...
Delhi High Court Partly Sets Aside ₹1.42 Cr. SBI Contractor Award, Rejects Emden Formula Without Proof
On 15 September, the Delhi High Court partly set aside an arbitral award in favour of contractor K.R. Anand in a dispute with State Bank of India (SBI) over the construction of 76 residential flats for its officers in Noida. Justice Avneesh Jhingan noted that an arbitrator cannot award overhead losses using the Emden formula without evidence establishing the actual loss suffered or showing that such loss was difficult or impossible to prove, while upholding some portions of the award while...
Delhi High Court Issues Notice On BharatPe Plea Over Unity Small Finance Bank Warrants Transfer
The Delhi High Court has issued notice on BharatPe's (Resilient Innovations) plea against Centrum Financial Services Limited and JBCG Advisory Services Private Limited over the alleged transfer and encumbrance of warrants issued by Unity Small Finance Bank without its consent.The plea seeks interim relief restraining the two companies from transferring or creating any encumbrance over the warrants without BharatPe's prior written consent. It alleges that such action would violate the...
State Cannot Bypass Statutory Limitation By Challenging MSME Award Through Writ: Karnataka High Court
The Karnataka High Court on 3 September held that the State cannot circumvent the statutory limitation for challenging an arbitral award passed by the Micro and Small Enterprises Facilitation Council by invoking the High Court's writ jurisdiction for a merits review. A Division Bench of Chief Justice Vibhu Bakhru and Justice K.S. Hemalekha allowed the writ appeal filed by the Commissioner, Bhoomi Monitoring Cell, only to the extent of holding that the State's writ petition challenging a Rs....
Employee's Death During Appeal Does Not Nullify Disciplinary Punishment: Punjab & Haryana High Court
The Punjab & Haryana High Court on 2 September held that an employee's death during the pendency of a departmental appeal does not automatically nullify a disciplinary punishment imposed during his lifetime. Justice Sandeep Moudgil dismissed a writ petition filed by Sukhjinder Singh, son of former Punjab State Cooperative Supply & Marketing Federation Ltd. (Markfed) Branch Officer M.S. Cheema, challenging the reduction of his father's pay by two stages for calculating retiral dues over...
Judge Who Passed Earlier Interim Order Not Barred From Deciding Challenge To Arbitral Award: Sikkim High Court
The Sikkim High Court has held that a judge who earlier decided an application for interim protection in an arbitration dispute does not have to automatically recuse from hearing a subsequent challenge to the arbitral award arising from the same arbitration. Justice Bhaskar Raj Pradhan observed that automatic recusal would not be required unless the State of Sikkim could demonstrate a real and reasonable apprehension of bias. Allowing such a recusal, according to the court, would be akin to...
Unilateral Arbitrator Appointment Can't Be Ground To Suo Motu Reject Award Execution: Madras High Court
The Madras High Court on 31 August held that an Executing Court cannot suo motu refuse to enforce an arbitral award on the ground that the arbitrator was unilaterally appointed when the award-debtors have neither challenged the award under Section 34 of the Arbitration and Conciliation Act, 1996 nor contested its execution. Justice P.B. Balaji allowed two civil revision petitions filed by Sundaram Finance Limited against the award-debtors, set aside the orders refusing execution and directed...
LiveLawBiz Arbitration Cases Weekly Digest: September 7 - September 12, 2026
NOMINAL INDEXKirloskar Brothers Limited v. Atul Chandrakant Kirloskar & Ors., 2026 LLBiz SC 305 National Skill Development Corporation v. Surya Wires Private Limited & Ors., 2026 LLBiz SC 302 Shri Krishan Grit Co. v. Continental Engineering Corporation, 2026 LLBiz HC(DEL) 953 Eco Green Buildtech Pvt. Ltd. v. Vikartan Infrastructure Pvt. Ltd., 2026 LLBiz HC(DEL) 951 Flemingo (DFS) Private Limited v. Airports Authority of India, 2026 LLBiz HC(DEL) 938 UGRO Capital Limited v. TruCap...
Bombay High Court Condones 530-Day Delay In Foreign Award Enforcement Amid Limitation Uncertainty
The Bombay High Court has condoned a 530-day delay in seeking enforcement of a foreign arbitral award, holding that the uncertainty over the limitation period applicable to enforcement of foreign awards constituted sufficient cause for the delay.Justice Arif S. Doctor observed that the delay arose from “the lack of clarity in the law at the time regarding the applicable period of limitation for the enforcement of a foreign award” and not from ignorance or misunderstanding of the law. The court...