Bombay High Court Denies Sky One Relief Over ₹52.50 Lakh Delay, Says Belated Offer Can't Show Readiness

The Bombay High Court on 5 October dismissed Sky One Airways Private Limited's petition seeking to freeze shares held by Heligo Charters' sellers and restrain actions affecting the company, holding that the airline's belated offer to pay the overdue Rs. 52.50 lakh instalment did not establish timely compliance with the share-purchase terms. Justice Amit Borkar held that a party seeking interim protection in an acquisition dispute cannot establish readiness and willingness to perform its...

LiveLawBiz Arbitration Cases Weekly Digest: October 5 - October 10, 2026

NOMINAL INDEXIngram Micro India Private Limited v. Best Hawk Infosystems Private Limited, 2026 LLBiz HC (BOM) 556 VVAA Films Private Limited v. DUNE Collective LLP, 2026 LLBiz HC (BOM) 555 R.A. Ghule, through its Sole Proprietor Rajabhau Apparao Ghule v. Sinnar Municipal Council & Ors., 2026 LLBiz HC (BOM) 552 Girish Narang v. Virendra Arora & Ors., 2026 LLBiz HC (BOM) 560Empire Realty v. Virani Tower Cooperative Housing Society Ltd. & Ors., 2026 LLBiz HC (BOM) 548 Small...

Arbitration Clause Requiring Fresh Mutual Consent Is Not Binding: Karnataka High Court

The Karnataka High Court has refused to appoint an arbitrator in a dispute between Riemen Solution Private Limited and Swiggy Limited, holding that a contractual clause making arbitration conditional on fresh mutual consent does not constitute a binding arbitration agreement.“The Court can neither delete these words from the Agreement, nor rewrite the bargain between the parties by converting a conditional reference to arbitration into an unconditional one,” Justice H T Narendra Prasad held...

Directors Cannot Be Held Liable For Company Debt Merely By Their Designation: Delhi High Court

The Delhi High Court has restored a ₹23.39 lakh arbitral award against Vanilla India Producer Company Limited while upholding the setting aside of the award against its four directors. The court held that directors cannot be made personally liable for a company's contractual debt merely because of their positions in the company.A Division Bench of Justice Anil Kshetarpal and Justice Bharat Parashar observed, “The LSA having held that the Directors were not personally liable, nevertheless...

Pending Insolvency Proceedings, Financial Distress Can Warrant Asset Protection Pending Arbitration: Bombay High Court

The Bombay High Court has held that the pendency of insolvency proceedings against a company does not, by itself, mean that a creditor's claim will fail. However, when considered alongside audited financial losses, negative net worth, substantial liabilities and limited assets, such proceedings can strengthen the case for securing a creditor's claim pending arbitration.“The mere pendency of such proceedings does not mean that the claim of the Petitioner will necessarily fail. But when this...

Karnataka High Court Refuses To Interfere With ₹1.10 Crore Arbitral Award Against BHEL

The Karnataka High Court has dismissed Bharat Heavy Electricals Limited's (BHEL) appeal challenging an arbitral award directing it to pay ₹1.10 crore, along with 18% annual interest, to Sterling Bio Energy Systems for expenses incurred in connection with a pilot project. The court held that no grounds for interference under Section 37 of the Arbitration and Conciliation Act, 1996, had been made out.A Division Bench of Justices Anu Sivaraman and Venkatesh Naik T refused to interfere with...

Arbitration Requires Independent Decision-Maker And Parties' Consent To Be Bound: Madras High Court

The Madras High Court on 8 October held that Section 16 of the Arbitration and Conciliation Act, 1996, cannot be used to constitute an arbitral tribunal when the parties have not agreed to arbitration, as the provision empowers an existing tribunal and presupposes an arbitration agreement. Chief Justice Sushrut Arvind Dharmadhikari dismissed BGR Energy Systems' petition seeking appointment of a sole arbitrator to resolve contractual disputes with the Tamil Nadu Generation and Distribution...

Bank Guarantee Invocation Valid Even Without Specifying Recoverable Amount: Delhi High Court

On 7 October, the Delhi High Court held that a performance bank guarantee can be invoked without specifying the exact amount recoverable from a contractor, provided the invocation notice states that the guarantee is being invoked to meet recoveries due or likely to be due. Justice Manoj Jain dismissed Sanjeevni Infra Projects Limited's plea to restrain the Union of India from encashing a Rs. 1.37 crore bank guarantee issued by HDFC Bank for a Central Public Works Department (CPWD) construction...

Madras High Court Constitutes 3-Member Arbitral Tribunal In L&T's ₹74.36 Cr. Rajkot Smart City Dispute

On 8 October, the Madras High Court constituted a three-member arbitral tribunal to resolve a Rs. 74.36 crore dispute between Larsen & Toubro and sub-contractor Radhe Krishna Infrastructure over the Rajkot Smart City project. Chief Justice Sushrut Arvind Dharmadhikari held that determining whether a later work order superseded earlier contractual terms falls within the domain of the arbitral tribunal under Section 16 of the Arbitration and Conciliation Act, 1996. The Bench observed: ...

J&K High Court Says Final Bill Cannot Revive Time-Barred Claim, Upholds Set-Aside Award

The Jammu & Kashmir and Ladakh High Court on 6 October held that a time-barred claim cannot be revived merely because a department subsequently prepared a final bill, particularly when the bill was neither approved by the competent authority nor amounted to a written acknowledgment of liability under Section 19 of the J&K Limitation Act, Samvat 1995. A Division Bench comprising Justices Rajnesh Oswal and Rahul Bharti dismissed a contractor's appeal against a Single Bench judgment that...

Arbitration Clause Need Not Be Reproduced In Work Orders If GCC Is Incorporated: Bombay High Court

The Bombay High Court has held that an arbitration clause need not be reproduced in individual work orders where the General Conditions of Contract containing the clause have been incorporated by reference. Justice Amit Borkar held that the relevant question is whether the General Conditions were incorporated into the work orders or were referred to only for a limited purpose, while appointing a sole arbitrator in a payment dispute between Shivkumar Enterprises and TATA Projects Limited. The...

Partnership Dispute Isn't Non-Arbitrable Just Because Parties Are Family Members: Bombay High Court

The Bombay High Court has recently held that a dispute between family members does not fall outside an arbitration clause merely because the parties are related. This applies when the rights being claimed arise from their partnership relationship.Justice Amit Borkar made the observation while allowing a Section 11 application. He appointed Advocate Abhishek Kothari as the sole arbitrator to adjudicate disputes arising out of and in connection with Clause 18 of a Partnership Deed dated October 9,...