ARBITRATION

Govt. Must Prove How Election Duties Prevented Timely Filing Of Arbitration Appeals: Delhi High Court
The Delhi High Court on 15 October held that government departments cannot justify delays in filing arbitration appeals merely by citing reduced office functioning during the 2024 Lok Sabha elections without explaining how the elections prevented timely filing. A Division Bench comprising Acting Chief Justice Nitin Wasudeo Sambre and Justice Amit Sharma refused to condone delays of 119 and 132 days in two appeals filed by the Department of Land Resources against Mukesh and Associates, which...

Simultaneous Withdrawal Of All Three Arbitrators Cannot Be Treated As Termination Of Arbitration: Delhi High Court
The Delhi High Court has reiterated that arbitration proceedings do not automatically end when all three members of an arbitral tribunal withdraw from a case. Instead, their withdrawal requires the appointment of substitute arbitrators under the Arbitration and Conciliation Act, 1996.Justice Sachin Datta relying on apex court's ruling in Yashwith Constructions (P) Ltd. v. Simplex Concrete Piles India Ltd, observed, “Thus, the consequence prescribed by the legislature in the event of withdrawal...

Bombay High Court Bars Owners From Stalling Redevelopment Over Disputes On Flat Sizes And Parking
The Bombay High Court on 19 October held that parties cannot obstruct redevelopment or use a housing society to pressure a developer into renegotiating contractual terms when their disputes are covered by an existing agreement providing for arbitration. Justice Amit Borkar partly allowed a petition filed by Bindu Raheja & Sons LLP against Stephen Francis Coutts and seven others under Section 9 of the Arbitration and Conciliation Act, 1996, granting interim protection to a redevelopment...

Arbitral Awards Stamped In One State Don't Automatically Attract Extra Duty Elsewhere: Delhi High Court
The Delhi High Court on 9 October held that an arbitral award stamped in one State does not attract additional stamp duty merely because it is brought into another State for enforcement, unless a specific statutory provision imposes such liability. Justice Om Prakash Shukla rejected Oil and Natural Gas Corporation Limited's (ONGC) objection to the stamp duty paid on an arbitral award in favour of Kirloskar Pneumatic Company Limited, holding that differential stamp duty cannot be imposed without...

Bombay High Court Appoints Receiver To Take Possession Of Medical Equipment Financed By Siemens
The Bombay High Court on 19 October appointed a Court Receiver to take physical possession of medical equipment financed by Siemens Financial Services Private Limited through a Rs. 1.05 crore loan, following repeated repayment defaults by borrower Nadeem Ahmad Khandey. A Single Bench comprising Justice Amit Borkar directed the Receiver to hand over the equipment to Siemens for custody pending arbitration, while prohibiting its sale, auction, transfer or dismantling. He observed: “The order is...

Housing Society Not Liable for Developer's RERA Obligations As Landowner: Bombay High Court
The Bombay High Court has ruled that a housing society as a landowner cannot be held liable for a developer's obligations under the Real Estate (Regulation and Development) Act, 2016 (RERA), merely because the developer entered into agreements for sale with flat purchasers under a redevelopment agreement.Justice Arun R. Pedneker granted interim relief to Maruthi Co-operative Housing Society Limited, allowing it to appoint a new developer. The court also directed payment of ₹7.35 crore in unpaid...

Bombay High Court Appoints Arbitrator In Suncrypto-WazirX Dispute Over $261,967 In Crypto Assets
The Bombay High Court on 16 October appointed a sole arbitrator to resolve a dispute between Angellic Info Tech Private Limited, operator of Suncrypto, and Zanmai Labs Private Limited, operator of WazirX, over the alleged inability to withdraw crypto assets worth USD 261,967.86729. Justice Amit Borkar allowed Angellic Info Tech's petition under Section 11(6) of the Arbitration and Conciliation Act, 1996, and appointed Advocate Dormaan Dalal as the sole arbitrator. He held: “In my view, only...

Bombay High Court Bars 'Tu Hai Meri Kiran' Release Until Co-Producer's ₹8.85 Cr. Investment Is Secured
On Monday, 19 October, the Bombay High Court ruled that Echelon Productions cannot commercially release the Hindi film Tu Hai Meri Kiran, starring Sonakshi Sinha and Zaheer Iqbal, until it secures co-producer AND Movie Products LLP's Rs. 8.85 crore investment with 15% annual interest. The film is scheduled for theatrical release on 23 October 2026. A Single Bench of Justice Amit Borkar substantially allowed AND Movie Products LLP's petition seeking interim protection of its investment and...

LiveLawBiz Arbitration Weekly Digest: October 12 - October 17, 2026
NOMINAL INDEXIndroneel Goho v. Razouvonuo Thong & Anr., 2026 LLBiz SC 337 Arcis Clean Energy Pvt. Ltd. v. Parshva Innovation, 2026 LLBiz SC 332 New Consolidated Construction Company Limited v. Limitless Contracting Private Limited & Ors., 2026 LLBiz HC (BOM) 565 Hemlata Ajay Ramani v. Alag Property Constructions Pvt. Ltd., 2026 LLBiz HC (BOM) 564 Aatif Javeed Merchant v. S.S. Crown Infrastructure & Ors., 2026 LLBiz HC (BOM) 563 Sky One Airways Private Limited v. Nayan Arun...

Arbitration Can't Affect Consumer Forum Orders, Party Can Pursue Independent Claims: Calcutta High Court
The Calcutta High Court has ruled that arbitration proceedings cannot affect orders passed by consumer forums, clarifying that developers can pursue independent contractual claims through arbitration even after consumers have chosen the statutory remedy."Nothing done in arbitration can affect an order of a consumer forum, which may be challenged or enforced only under the consumer legislation. Any award remains subject to Section 34 of the Act," Justice Gaurang Kanth observed.The court clarified...

Appellate Court Can Decide Grounds Unedecided By Lower Court Against Arbitral Award If On Record: Calcutta HC
The Calcutta High Court has recently held that an appellate court can examine grounds challenging an arbitral award that were raised before the lower court but left undecided, provided they are available on the arbitral record.A Division Bench of Justices Debangsu Basak and Aryak Dutt set aside the District Judge, Purba Medinipur's March 12, 2019 order quashing an arbitral award in favour of Friends Engineering Co-operative Society Limited and also set aside the award dated February 14,...

Supreme Court Quashes Cheating Case Against Ex-Darjeeling Organic Tea Estates CEO Over ₹40 Lakh Deal
The Supreme Court has quashed cheating proceedings against Indroneel Goho, who was serving as Chief Executive Officer of Darjeeling Organic Tea Estates Private Limited at the time of a transaction involving the Jamguri Tea Estate in Assam. The case arose from a ₹40 lakh agreement concerning the property.A Bench comprising Justice Vikram Nath and Justice Sandeep Mehta set aside the Gauhati High Court's order refusing to quash the criminal proceedings. The complaint alleged that Goho had falsely...
