Himachal Pradesh High Court Refuses Interim Protection Against HPCL's Termination Of Transport Contract

The Himachal Pradesh High Court has recently refused to grant interim protection to Shree Shyam Roadlines against Hindustan Petroleum Corporation Limited's (HPCL) termination of its petroleum transportation contract. It held that a terminated, determinable contract cannot be revived through proceedings under Section 9 of the Arbitration and Conciliation Act, 1996, and that the aggrieved party's remedy lies in seeking damages or compensation in other proceedings.“After the termination of the...

Successor Bank Can't Invoke Arbitration After Suit Reaches Defence Evidence Stage: Gujarat High Court

The Gujarat High Court, on 4 November, held that a successor bank cannot claim a fresh opportunity to invoke arbitration when its predecessor had failed to seek reference within the prescribed time. A Bench of Justice Maulik J. Shelat dismissed HDFC Bank Ltd.'s petition challenging the rejection of its application under Section 8 of the Arbitration and Conciliation Act, 1996, holding that the bank had inherited its predecessor's position in the proceedings and could not exercise a right that...

Delhi High Court Upholds Restraint On Unity SFB Considering Share Capital Increase Without BharatPe's Consent

The Delhi High Court has recently dismissed an appeal filed by Unity Small Finance Bank Limited against an interim order restraining it from tabling a proposal to increase its authorised share capital without the prior written consent of Resilient Innovations Private Limited, the company that operates BharatPe. A Division Bench of Justice C. Hari Shankar and Justice Vinod Kumar observed: “The fact that the subject matter of Agenda Item 18 was a 'Reserved Matter' thus standing admitted, the...

Delhi High Court Sets Aside Arbitral Award Over Tribunal's Failure To Decide MMTC's Good Faith Claim

The Delhi High Court has partly set aside an arbitral award rejecting MMTC Limited's surviving claims arising from payments of ₹71.25 crore made by its joint venture company, MMTC-PAMP India Private Limited (MPIPL), to PAMP and MKS Switzerland SA for gold-sourcing services and licence fees.The court found that the arbitral tribunal had failed to independently examine MMTC's allegation that PAMP's majority shareholder, PAMP Holding Mauritius Limited (PHML), had breached its good-faith obligations...

LiveLawBiz Arbitration Cases Weekly Digest: November 1 - November 7, 2026

NOMINAL INDEXU.P. Electronics Corporation Ltd. through Managing Director Shri Ravi Ranjan v. P.S. Global through its partner Karolbagh New Delhi, 2026 LLBiz HC(ALL) 91Kotak Mahindra Bank Limited v. Maulin Niranjan Patel, 2026 LLBiz HC(BOM) 632 Phantom Studios India Pvt. Ltd. v. Allu Mantena Media Ventures LLP & Ors., 2026 LLBiz HC(BOM) 625 Daskalos Technologies Pvt. Ltd. v. Atul Khosla, 2026 LLBiz HC(BOM) 626 Limited Liability Company Eurochem North-West-2 v. Tecnimont S.P.A., 2026 LLBiz...

Mutual Consent Must Precede Arbitrator Appointment Under Conditional Clause: Kerala High Court

The Kerala High Court, on 3 November, held that a party cannot invoke arbitration where the dispute resolution clause makes arbitration conditional on fresh mutual consent, and the parties have not reached such an agreement. A Bench comprising Chief Justice Soumen Sen dismissed an application filed by V.K. Varghese under Section 11(6) of the Arbitration and Conciliation Act, 1996, seeking the appointment of an arbitrator in a dispute involving Anta Builders and Developers Pvt. Ltd. and others,...

Disputes Over Main Contract Cannot Justify Restraining Independent Bank Guarantee: Bombay High Court

The Bombay High Court has recently dismissed a contractor's plea for interim protection against the invocation of a ₹43.40 lakh counter-guarantee furnished in connection with a sewerage rehabilitation project of the Municipal Corporation of Greater Mumbai (MCGM). The court held that disputes over the execution of the underlying contract cannot, by themselves, justify restraining payment under an independent bank guarantee.Justice Amit Borkar observed that the obligation to make payment under an...

Arbitrator's 12-Month Deadline Runs From Date Of Entering Reference Under State Arbitration Law: J&K&L High Court

An arbitral tribunal conducting proceedings under the Arbitration and Conciliation Act, 1996, as applicable to the Union Territory of Jammu and Kashmir, must make its award within 12 months from the date it enters upon the reference and not from the date of completion of pleadings, the Jammu and Kashmir and Ladakh High Court has ruled. Justice Rajesh Sekhri held that the mandate of a sole arbitrator appointed in a Central Public Works Department (CPWD) contractual dispute had terminated after...

Delhi High Court Upholds Release Of ₹9.30 Crore Bank Guarantee With Interest In 2010 Commonwealth Games Hotel Dispute

The Delhi High Court has recently upheld an order directing the Delhi Development Authority (DDA) to release ₹9.30 crore, along with the interest earned on it, to Jaksons Developers. The company had furnished a performance bank guarantee (PBG) for a hotel project intended to accommodate visitors during the 2010 Commonwealth Games.A Division Bench of Justice Dinesh Mehta and Dr. Justice Aditi Choudhary held that the interest earned on the fixed deposit could not be withheld after the company was...

Approval Of Invoices Does Not Automatically Mean Approval Of Revised Fee Arrangement: Delhi High Court

The Delhi High Court has held that approval of invoices does not automatically establish acceptance of a revised fee arrangement. While invoice approvals may be relevant evidence, they do not replace the contractual requirements for changing the agreed rates.A Division Bench of Justice Anil Kshetarpal and Justice Shail Jain observed that the two forms of approval are distinct.“Approval of invoices and approval of a revision to the fee arrangement are distinct matters, although evidence of the...

Trade Association's Arbitrator Appointment Not Unilateral Merely Because One Party Is A Member: Delhi High Court

The Delhi High Court has recently held that the appointment of an arbitrator by an independent trade association cannot be treated as unilateral merely because one party is a member of the association. It said that even non-members can agree to resolve disputes through an association's arbitration mechanism.The ruling came as a Division Bench comprising Justice Anil Kshetarpal and Justice Bharat Parashar restored proceedings to enforce an arbitral award in favour of paper wholesaler V.K. Jain...

Arbitral Award Need Not Be Impounded For Insufficient Stamping, As It Only Determines Rights: Madras High Court

The Madras High Court has recently held that an arbitral award need not be subjected to the stamp duty impounding process when it merely determines rights and liabilities arising from an existing contract, rather than creating fresh rights or obligations.A Single Bench of Justice K. Kumaresh Babu made the observation while allowing an application filed by Steel Authority of India Limited (SAIL) in its execution proceedings against Waterbury Farrel and Shriram EPC Limited. The court directed both...