High Courts
Delhi High Court Upholds Arbitral Award, Says SAIL Cannot Deduct CENVAT Credit Shortfall Without Contractual Clause
Reiterating that courts cannot rewrite commercial contracts while exercising jurisdiction under Section 34 of the Arbitration and Conciliation Act, 1996, the Delhi High Court has upheld an arbitral award directing Steel Authority of India Ltd (SAIL) to refund Rs. 1.40 crore deducted from a contractor's final bill over an alleged shortfall in Minimum Guaranteed CENVAT Credit (MGCC). Justice Avneesh Jhingan held that interpretation of contractual clauses lies within the domain of the arbitral...
Delhi High Court Sets Aside Award Ordering Yamaha To Repurchase Unsold Dealership Stock
Holding that an arbitral tribunal cannot “rewrite the bargain between the parties” or grant relief contrary to the contract, the Delhi High Court on Tuesday upheld the setting aside of an award that had directed India Yamaha Motor Pvt. Ltd. to take back unsold dealership stock and refund its price with 16% annual interest. Dismissing the dealer's appeal under Section 37 of the Arbitration and Conciliation Act, 1996, a Division Bench of Justices Anil Kshetrapal and Amit Mahajan held that the...
Venue Of Arbitration Is Seat In Absence Of Contrary Indication: J&K&L High Court
The Jammu & Kashmir and Ladkah High Court has recently reiterated that where an arbitration clause designates a particular place as the “venue” of arbitration and there is no contrary indication, such place must be treated as the “seat” of arbitration, thereby conferring exclusive jurisdiction on courts at that location."It is, thus settled that whenever there is mention of place of arbitration in an arbitration clause as being the venue of arbitration proceedings, it would really...
Madras High Court Attaches ₹154.63 Crore SEPC Receivables, Appoints PwC To Audit Financial Position
The Madras High Court recently ordered interim attachment of Rs. 154.63 crore from the trade receivables of SEPC Limited, formerly known as Shriram EPC Limited, and appointed an independent auditor to examine its financial position, observing that it “cannot sit like a lame duck” while awaiting submissions from banks claiming charge over the company's assets. Justice N. Anand Venkatesh passed the order in execution petitions filed by GPE (India) Ltd. seeking enforcement of a foreign arbitral...
J&K&L High Court Dismisses Contractor's Arbitration Plea Against Railways After He Issued Unconditional No Claim Certificate
The Jammu & Kashmir& Ladkah High Court on 13 February 2026 held that once a contractor voluntarily executes a supplementary agreement rescinding the original contract and issues an unconditional “No Claim Certificate,” no arbitral dispute survives. A Bench of Justice Sanjeev Kumar dismissed the petition filed by H.P. Singh & Co. under Section 11(6) of the J&K Arbitration and Conciliation Act, 1997, seeking appointment of an independent arbitrator against the Union of India and...
Expiry Of Arbitrator's Mandate Due To Lapse Of Time Does Not End Arbitration: Delhi High Court
The Delhi High Court has observed that when an arbitrator's mandate expires due to lapse of time, it does not amount to termination of proceedings under Section 32, Arbitration and Conciliation Act. A Single-Judge Bench of Justice Harish Vaidyanathan Shankar additionally held that the expiry of mandate by lapse of time is curable and extended the arbitrator's mandate for a further period of six months from the date of the order for making the arbitral award. The Court noted: “...that both...
Meghalaya High Court Upholds BSCPL's 5-Year Blacklisting For Alleged Corruption In NH-44E Project
The Meghalaya High Court has recently upheld the five-year blacklisting of BSCPL Infrastructure Ltd by the State Public Works Department (Roads) for engaging in corrupt practices during execution of a National Highway project.The court held that the department was justified in acting on ledger entries showing expenditure on liquor, electronic items, hotel bills and donations for government officials during execution of a National Highway project. A Division Bench of Chief Justice Revati Mohite...
Objection To Arbitral Tribunal's Constitution Cannot Be Raised After Filing Defence: Bombay High Court
The Bombay High Court at Aurangabad has dismissed the State of Maharashtra's challenge to an arbitral award of Rs. 596.60 lakhs, holding that objections to the constitution of the arbitral tribunal cannot be raised after filing of the written statement, counter-claim and commencement of evidence.A Division Bench of Justices Arun R. Pedneker and Vaishali Patil-Jadhav on February 16, 2026, upheld the Commercial Court's May 6, 2022, order refusing to set aside the award dated February 11, 2018. ...
No Concluded Contract, No Interim Relief: Delhi High Court Dismisses Developer's Plea Against ARCIL
The Delhi High Court has dismissed Parsvnath Developers' plea seeking enforcement of an alleged Rs. 750 crore restructuring agreement against Asset Reconstruction Company (India) Limited, holding that courts cannot compel parties to honour a settlement that never matured into a concluded contract. Justice Jasmeet Singh held that the draft restructuring agreement remained at a negotiatory stage. Although drafts were exchanged, essential terms were unsettled. The schedules were marked preliminary...
Jurisdiction Clause In Umbrella Agreement Prevails Over Later Contract: Delhi High Court
The Delhi High Court has recently ruled that when an umbrella agreement fixes a venue in one city but expressly confers jurisdiction on courts in another, the jurisdiction clause will prevail unless the parties clearly alter the juridical seat for the entire transaction. Dismissing two petitions filed by Ansal Housing Limited seeking interim relief under the Arbitration and Conciliation Act, 1996, Justice Harish Vaidyanathan Shankar ruled that courts at Meerut, and not Delhi, had territorial...
Arbitration Act Is Self-Contained Code; Civil Revision Not Maintainable Where Appeal Lies: Patna High Court
The Patna High Court has reaffirmed that a civil revision under Section 115 of the Code of Civil Procedure does not lie against such an order passed under the Arbitration and Conciliation Act, 1996 where the statute provides a specific appellate remedy. The Court held that the Arbitration Act is a self-contained code and that Section 37 exhausts the appellate remedies. Justice Ramesh Chand Malviya observed, “It is settled principles of law that the Arbitration and Conciliation Act, 1996 being...