Judgment On Admission Under CPC Requires Clear Admission Of Transaction And Amount Of Liability: Calcutta High Court

The Calcutta High Court has recently held that a court can grant a decree on admission under Order XII Rule 6 CPC only when the defendant clearly admits both the transaction and the amount due, observing that the rule must be applied strictly. Holding that mere acknowledgement of transactions is insufficient unless the specific amount payable is admitted, the court granted a Rs 12 lakh decree on admission to Skipper Limited in its commercial dispute with Prabha Infrastructure Private Limited,...

LiveLawBiz Arbitration Weekly Digest: March 9 - March 14, 2026

Nominal Index R.V. Anderson Associates Ltd. v. Municipal Corporation of Greater Mumbai, Supreme Court, 2026 LLBiz SC 106Central Warehousing Corporation v. Indo Arya Logistics (A Unit of Indo Arya Central Transport Ltd.), 2026 LLBiz HC (DEL) 252Synergy Consultants v. M/s T.D. Williamson India Pvt. Ltd., 2026 LLBiz HC (DEL) 244Man Industries (India) Limited v. GAIL (India) Limited, 2026 LLBiz HC (DEL) 258SARR Freights Corporation & Anr. v. Argo Coral Maritime Ltd., 2026 LLBiz HC (DEL) 259Cosco...

Madras High Court Directs Chennai Port Trust To Pay ₹1.21 Crore To X-Press Container Lines In Arbitration Dispute

The Madras High Court recently restored an arbitral award directing the Board of Trustees of the Port of Chennai to refund Rs.1,21,91,869 to X-Press Container Lines (UK) Ltd. in a dispute arising out of a berth reservation agreement and recovery of berth hire charges and penal levy, holding that the claim was within limitation in view of repeated acknowledgments of liability by the Port authorities. A Division Bench comprising Justices C.V. Karthikeyan and K. Kumaresh Babu allowed an appeal...

Bombay High Court Upholds Arbitral Award In Mandovi Bridge Dispute, Says Former Employee Arbitrator Not Proof Of Bias

The Goa Bench of the Bombay High Court has dismissed an appeal filed by the State of Goa challenging an arbitral award passed in favor of U.P. State Bridge Corporation Ltd., holding that an arbitral award could not be set aside merely on the ground that one of the arbitrators nominated by the contractor had served as the Managing Director and consultant of the corporation. Justice Suman Shyam further observed that in the absence of material demonstrating actual bias or likelihood of...

Delhi High Court Upholds Setting Aside Of Arbitral Award, Says Tribunal Rewrote Contract In JSW-GAIL Dispute

The Delhi High Court has dismissed an appeal filed by JSW Steel, formerly known as JSW Ispat Steel, and upheld the setting aside of an arbitral award passed in its favour, holding that the arbitral tribunal had rewritten the contract by applying the doctrine of business efficacy to convert fixed transportation charges into variable charges. A Division Bench of Justices C. Hari Shankar and Om Prakash Shukla observed, "Upon careful examination of the arbitral award, it is evident that the...

Civil Court Jurisdiction Not Ousted By Foreign-Seated Arbitration, Courts May Act To Prevent Abuse: Delhi High Court

The Delhi High Court recently reiterated that the jurisdiction of civil courts is not barred merely because arbitration is seated outside India but said that the power to restrain such proceedings must be exercised only in exceptional circumstances, refusing to stop arbitration initiated in London by Argo Coral Maritime Ltd. against SARR Freights Corporation and SARR Freights Limited. Relying on the top court's ruling in Engineering Projects (India) Limited Versus MSA Global LLC (Oman), Justice...

Appointment Of Arbitrator Under SEZ Act Lies With Central Government, Not High Court: Kerala High Court

The Kerala High Court on Friday held that the High Court cannot invoke its powers under Section 11 of the Arbitration and Conciliation Act, 1996, in disputes governed by the Special Economic Zones Act, 2005, where the statute vests the power to appoint an arbitrator with the Central Government and the requirements for the exercise of Section 11 jurisdiction are not satisfied.A coram of Justice S Manu rejected an arbitration request seeking the appointment of an arbitrator to resolve disputes...

Arbitration Act Allows Interim Relief Even After Arbitral Award Before Enforcement: Kerala High Court

The Kerala High Court recently held that courts possess wide powers under Section 9 of the Arbitration and Conciliation Act to grant interim measures, even after the arbitral award is passed but before its enforcement.A Division Bench comprising Chief Justice Soumen Sen and Justice Syam Kumar V.M. partly allowed an appeal filed by three foreign companies against Emil Traders Private Limited. The appellants, foreign companies, had obtained an arbitral award against Emil Traders Private Limited...

Delhi High Court Upholds Arbitral Award In Favour Of GAIL In Dispute With Man Industries Over Delay In Pipe Supply

The Delhi High Court has recently dismissed a petition challenging an arbitral award passed in favour of GAIL (India) Limited, reiterating that the scope of interference under Section 34 of the Arbitration and Conciliation Act is limited. The court said it cannot re-appreciate evidence or disturb an award merely because another interpretation of the contract is possible, so long as the arbitrator's view is a plausible one. Justice Amit Bansal observed that the arbitral tribunal had interpreted...

Time Spent In Earlier Arbitration Must Be Excluded From Limitation After Award Set Aside: Bombay High Court

The Bombay High Court recently reiterated that when an arbitral award is set aside, the period between the commencement of the earlier arbitration and the date of the court's order is required to be excluded while computing limitation for initiating fresh arbitral proceedings. A single bench of Justice Sandeep V. Marne applied Section 43(4) of the Arbitration and Conciliation Act and relied on Supreme Court rulings in Arif Azim Co. Ltd v Aptech Ltd and SBI General Insurance Company Ltd v Krish...

'Purported Award' Can Be Challenged Under Section 34 Of Arbitration Act: Calcutta High Court

The Calcutta High Court on Friday held that the scope of challenge under Section 34 of the Arbitration and Conciliation Act, 1996 extends beyond existing awards to include a “purported award” where the very existence of the award is in dispute. A Single Bench of Justice Sabyasachi Bhattacharyya set aside two alleged arbitral awards relied upon by Roadwings International Private Limited in its dispute with SREI Equipment Finance Limited, holding that only photocopies of the awards were produced...

Arbitration Act | Karnataka High Court Upholds Refusal Of Interim Measures In Coorg Cineplex Lease Dispute With Landlord

The Karnataka High Court has recently upheld a Commercial Court order rejecting a plea for interim measures filed by Coorg Cineplex and its partners, holding that after the expiry of the lease, the landlord cannot be restrained from raising objections before the licensing authority regarding the renewal of a theatre licence. A Division Bench comprising Chief Justice Vibhu Bakhru and Justice C.M. Poonacha dismissed the appeal filed by the Cineplex, which had sought directions to the licensing...