Calcutta High Court Orders Enforcement of ₹1.34 Crore Arbitral Award Against L&T

The Calcutta High Court recently directed enforcement of an arbitral award of about Rs.1.34 crore in favour of UK Mechanical Engineering Pvt. Ltd. against Larsen & Toubro Ltd., holding that the award had attained finality and must be executed as it stands, while declining to grant any enhanced interest on the differential amount.Justice Gaurang Kanth was dealing with an execution petition filed under Section 36 of the Arbitration and Conciliation Act seeking enforcement of the arbitral award...

Arbitral Award Holder Cannot Decline To Receive Amount And Then Claim Decree Unsatisfied: Delhi High Court

The Delhi High Court has said, in an arbitration dispute, that once a judgment debtor deposits the decretal amount in court, its liability stands discharged to that extent. It went on to make clear that execution proceedings cannot be reopened simply because the decree holder decides not to withdraw the money and later tries to take advantage of a more favourable exchange rate. Justice Harish Vaidyanathan Shankar refused to reopen execution proceedings that had already been disposed of in May...

Madras High Court Upholds Partial Setting Aside Of Arbitral Awards In Railway Contracts Dispute, Cites GCC Bars

The Madras High Court recently upheld the partial setting aside of arbitral awards in a railway contracts dispute, holding that claims granted by an arbitral tribunal contrary to express contractual prohibitions under the General Conditions of Contract (GCC) are unsustainable.The court also observed that, in the facts of the case, the contractor's issuance of a “No Claim Certificate” and the agreed GCC clauses barred it from raising further claims against the Railways. A Division Bench of...

Himachal Pradesh High Court Sets Aside “Incomprehensible” Single Judge Order Modifying Arbitral Award

The Himachal Pradesh High Court has set aside a Single Judge's order modifying an arbitral award in a dispute over the supply of Anganwadi kits, holding that the judgment was incomprehensible and lacked clear reasoning. The court remanded the matter for fresh adjudication. The Bench of Chief Justice G.S. Sandhawalia and Justice Bipin Chander Negi emphasised the need for clarity in judicial writing. It observed, “A judgment culminates in a conclusion. Its contents represent the basis for...

Dispute Does Not Become Commercial Just Because It Is An Arbitration Matter: Chhattisgarh High Court

The Chhattisgarh High Court has recently held that a dispute does not become a “commercial dispute” merely because it arises out of arbitration, setting aside the transfer of a land acquisition compensation challenge to a Commercial Court. A Division Bench of Justice Sanjay K. Agrawal and Justice Sachin Singh Rajput observed that "A dispute will not become a commercial dispute merely because it is an arbitration matter and and jurisdiction in respect with an arbitration matter has been dealt...

75% Pre-Deposit Under MSMED Act Mandatory For Challenging Arbitral Award: Telangana High Court

The Telangana High Court on 15 April 2026 held that a buyer cannot circumvent the mandatory 75% pre-deposit requirement under Section 19 of the Micro, Small and Medium Enterprises Development Act, 2006 (MSME Act) to challenge an arbitral award. A Division Bench of Justices Moushumi Bhattacharya and Gadi Praveen Kumar dismissed a Civil Revision Petition filed by Kendriya Bhandar, which sought exemption from depositing 75% of the awarded amount while challenging an award passed by the Micro...

Arbitration Clause Can't Be Ousted By Specific Performance Clause In Contract: Punjab & Haryana High Court

The Punjab and Haryana High Court has held that a clause allowing a civil suit for specific performance does not override a clear arbitration clause between parties, appointing an arbitrator to resolve a land dispute after rejecting objections of coercion and invalidity. Justice Jasgurpreet Singh Puri said, “When in an agreement, there exists a specific clause pertaining to arbitration, which remains undisputed then the mere fact that there is some other clause providing entitlement to file a...

Calcutta High Court Dismisses Appeal Seeking Modification Of Arbitral Award Stay, Says Plea Not Appealable

The Calcutta High Court has dismissed an appeal seeking modification of the conditions of stay of an arbitral award to permit withdrawal of about Rs. 61.20 crore, holding that such orders are not appealable under Section 37 of the Arbitration Act. The court clarified that a post-award application that does not seek protection or preservation of the subject matter cannot be treated as an interim measure appealable. Rejecting Mackintosh Burn Limited's bid to withdraw about Rs 61.20 crore...

Calcutta High Court Restores Arbitral Award In Bhubaneswar Airport Terminal Construction Dispute

The Calcutta High Court on Thursday set aside a Single Judge's order that had interfered with an arbitral award in a dispute over construction of a terminal and allied buildings at Bhubaneswar Airport. The court held that the court exercising jurisdiction under Section 34 cannot substitute the arbitrator's plausible view with its own. A Division Bench of Justices Debangsu Basak and Md. Shabbar Rashidi was hearing appeals filed by NBCC India Limited against the July 1, 2024 order by which the...

Madhya Pradesh High Court Holds ICA Award Void, Says Only CJI Can Appoint Arbitrator

The Madhya Pradesh High Court has held that an arbitral award against Ssangyong Engineering and Construction Company Ltd is a nullity in law, as the dispute was an international commercial arbitration and, under Sections 11(9) and 11(12) of the Arbitration and Conciliation Act, 1996, only the Chief Justice of India or a person or institution designated by him could appoint the arbitrator. The court noted that Ssangyong is a company incorporated in the Republic of Korea, and therefore the...

Arbitration Can Proceed Despite Parallel Criminal Proceedings In Private Disputes: Madhya Pradesh High Court

The Madhya Pradesh High Court recently reiterated that parallel criminal proceedings between private parties do not bar arbitration unless the allegations have a public character and proceeded to appoint an arbitrator in a dispute arising out of purchase orders between the parties. A single bench of Justice Vivek Jain emphasised, observing, “Be that as it may be, but it is settled in law that even where criminal proceedings are pending parallelly, then also arbitration proceedings can continue...

Kerala High Court Allows Arbitration In Insurance Dispute, Says Discharge Voucher Not A Bar

The Kerala High Court has recently allowed an arbitration request filed by Coco-Latex Exports Private Limited against National Insurance Company Limited, holding that execution of a discharge voucher towards full and final settlement does not bar invocation of arbitration. “Therefore, I find that objection raised by the respondent on the basis of the discharge voucher issued by the respondent is not sustainable,” the Court said. Justice S. Manu was dealing with a plea arising out of an...