ARBITRATION

Unregistered Guarantee, Undertaking Cannot Protect Property From Attachment: Madras High Court In Sun TV's Plea
The Madras High Court has recently held that Sun TV Network Limited could not claim protection from attachment based on an unregistered guarantee and undertaking. The court dismissed its application to release properties attached in proceedings initiated by Marina Holdings against N. Ramasamy, proprietor of Sri Thenandal Films.Justice K. Kumaresh Babu observed that Section 64(2) of the Code of Civil Procedure, 1908, requires the relevant contract for transfer or delivery to be registered before...

Delhi High Court Refers Football Clubs' DSA Membership And Electoral Rights Disputes To Arbitrator
The Delhi High Court has referred disputes involving six football clubs over disciplinary action affecting their membership and electoral rights in the Delhi Soccer Association to a previously appointed sole arbitrator.Justice Om Prakash Shukla has asked the arbitrator to consider their requests for interim relief expeditiously, ahead of the association's elections on October 18, 2026.The court observed, “Considering that the elections are scheduled for 18.10.2026, the learned Arbitrator is...

SBI Officers' Association Member's Removal Dispute Not Arbitrable Under Bye-Laws: Madras High Court
The Madras High Court has ruled that the State Bank of India Officers' Association's bye-laws did not provide for arbitration of a dispute over the removal of a member from the Association's membership and elected post.Justice K. Kumaresh Babu dismissed an application filed by former Regional Secretary G. Ganapathy seeking to stay the Association's July 28, 2026 order removing him from its Executive Committee and primary membership pending arbitration.“When that being the interpretation, this...

Lawyer's Assumption That Judgment Was Postponed Cannot Justify IRCT's Delayed Appeal: Karnataka High Court
The Karnataka High Court has recently ruled that a lawyer's assumption that judgment would be postponed cannot justify a delayed appeal. The failure to check whether the judgment was subsequently delivered remained unexplained.Dismissing a commercial appeal filed by the Indian Railway Catering and Tourism Corporation (IRCTC) against Amulya Enterprises, the court refused to condone a 92-day delay in challenging a Commercial Court decree dated June 11, 2024.A Division Bench of Justice Anu...

Reproducing Substantial Portions Of Award While Deciding Challenge Not Non-Application Of Mind: Delhi High Court
The Delhi High Court has ruled that a judge's reproduction of substantial portions of an arbitral award while deciding a challenge to it does not, by itself, establish non-application of mind, provided the judge meaningfully examines the objections raised.“The distinction lies not in the extent of textual reproduction, but in the existence or absence of judicial engagement with the controversy. Consequently, the mere circumstance that substantial portions of an arbitral award have been...

Karnataka High Court Appoints Arbitrator In ₹2.53 Cr. Dispute Concerning Military Engineer Services
The Karnataka High Court on 8 October appointed retired District Judge Prabhavathi Hiremath as the sole arbitrator to resolve contractual disputes between Varsha Constructions and the Military Engineer Services over the construction of an Academic Block at the Air Force Technical College in Jalahalli, Bengaluru.A Single Judge Bench of Justice H.T. Narendra Prasad observed: “Having regard to the existence of the arbitration clause contained in the Construction Agreement, which provides for...

Arbitration Act Interim Relief Unavailable In Electricity Disputes When Commission Can Grant Similar Relief: Delhi High Court
The Delhi High Court has recently held that it cannot entertain a plea seeking interim relief in an electricity dispute when the State Electricity Regulatory Commission is empowered to grant similar relief under the Electricity Act, 2003. Justice Tushar Rao Gedela dismissed a petition filed by Enerica Infra 3 Private Limited seeking to restrain NTPC Vidyut Vyapar Nigam Limited and Uttar Pradesh Power Transmission Corporation Limited from encashing bank guarantees worth ₹52.20 crore. “It is...

Delhi High Court Denies SpiceJet More Time To Deposit ₹144.51 Crore Interest In Dispute With Kalanithi Maran
The Delhi High Court has recently refused to grant SpiceJet Limited more time until December 2026 to deposit ₹144.51 crore towards outstanding interest under an arbitral award in its dispute with Kalanithi Maran and Kal Airways,The Court rejected the airline's request to furnish title documents of its Gurugram property as security instead.Justice Vinod Kumar dismissed SpiceJet's application, observing that although the Gurugram property was now unencumbered, the airline's failure to deposit the...

'Or Otherwise' Clause In Contract Bars Arbitral Interest Awards Beyond Delayed Payments: Supreme Court
On 15 October, the Supreme Court held that the expression “or otherwise” in a contractual clause prohibiting interest claims extends the bar to all circumstances in which interest may be claimed against the contracting party, preventing an arbitral tribunal from awarding pre-reference and pendente lite interest. A Division Bench of Justices Aravind Kumar and Vipul M. Pancholi dismissed an appeal filed by Sharma Enterprises against National Building Construction Corporation Limited (NBCC),...

Delhi High Court Says Incomplete Address Cannot Prove Award Service, Rejects GAIL's Limitation Plea
The Delhi High Court on 14 October dismissed GAIL Gas Limited's petition challenging a trial court order that held Saraswati Concast Pvt. Ltd.'s objections to an arbitral award were within time, finding that postal delivery to a locality without the company's complete address did not establish service of the award. Justice Ajay Digpaul held that the postal receipt's omission of the premises number from Saraswati Concast's registered-office address prevented the presumption of service from...

Delhi High Court Directs SpiceJet To Maintain ₹58.80 Lakh In Bank Accounts In Dispute With Travel Agent
The Delhi High Court has recently directed debt-laden airline SpiceJet Limited to maintain approximately ₹58.80 lakh in its ICICI Bank and IDFC Bank accounts while hearing an application by Travel2Agent.com and others seeking attachment of the airline's bank accounts to recover dues under an arbitral award.Justice Tushar Rao Gedela passed the order on October 9, 2026, after the decree holders' counsel submitted that SpiceJet had paid ₹25 lakh towards the outstanding amount of ₹83.80 lakh.The...

Calcutta High Court Conditionally Stays Shapoorji Pallonji Award Against West Bengal Housing Board
The Calcutta High Court on 31 August conditionally stayed an arbitral award dated 13 September 2025 in favour of Shapoorji Pallonji and Company Private Limited against the West Bengal Housing Board, and directed the Board to secure the entire awarded amount within eight weeks. Justice Gaurang Kanth also directed the Housing Board to deposit 50% of the awarded amount, along with up-to-date interest, in cash and secure the remaining 50% through a bank guarantee. Holding that this arrangement...
