Arbitration and Conciliation Act, 1996

The appellant, C & C Constructions Ltd., contracted with IRCON International Ltd. to construct five road over bridges, but delays attributable to the respondent led the appellant to seek extensions of time under clause 49 of the General Conditions of Contract (GCC). The appellant gave a solemn undertaking not to claim …

Umri Pooph Pratappur (UPP) Tollways Pvt. Ltd. entered into a 2012 concession agreement with Madhya Pradesh Road Development Corporation (MPRDC) for a state highway project. Disputes over cost overruns and delays led the appellant to first file a reference before the Madhya Pradesh Arbitration Tribunal under the 1983 Ac…

The Supreme Court was asked to resolve a long‑standing controversy over whether courts exercising jurisdiction under Sections 34 and 37 of the Arbitration and Conciliation Act, 1996 can modify an arbitral award. The issue arose from the earlier decision in Project Director, NHAI v. M. Hakeem, where the Court held that …

The dispute concerned an arbitral award dated 12 November 2013 in favour of M/s Motilal Agarwala against the State of West Bengal. The State sought to set aside the award under Section 34 of the Arbitration and Conciliation Act, 1996, filing the application on 20 March 2014, arguing that it had only become aware of the…

The appellant, a former managing director of Sri Lakshmi Hotel Private Ltd., challenged the e‑auction of the company's property, alleging that the reserve price was under‑valued, that the liquidator failed to form a Stakeholders’ Consultation Committee, and that the liquidator violated Regulation 33 by not cancelling t…

The appellant, Consolidated Construction Consortium Ltd., was contracted by the respondent, Software Technology Parks of India, to construct a building. The contract stipulated liquidated damages for delay, but the respondent granted several extensions of time before finally deducting Rs. 82,43,499 as liquidated damage…

The Madhya Pradesh Road Development Corporation sought to acquire land for a highway project and determined compensation using the circle rate fixed under the Indian Stamp Act, as prescribed by the Collector’s Guidelines. The landowners challenged the award, arguing that the compensation was excessive and that the "the…

The Supreme Court heard an appeal by Somdatt Builders‑NCC‑NEC (JV) against a Delhi High Court Division Bench order that set aside an arbitral award under Section 37 of the Arbitration and Conciliation Act, 1996. The dispute concerned whether the excess quantity of geogrid required for a reinforced earth wall, beyond th…

International Seaport Dredging Pvt Ltd entered into a dredging contract with Kamarajar Port Limited, a statutory undertaking, which later gave rise to disputes and arbitration. The arbitral tribunal awarded the appellant approximately Rs 21.07 crore with interest and costs, and the respondent sought correction under s.…

The petitioner, a welfare association, owned a resort property that the respondent was licensed to occupy for ten years on payment of monthly fees. The respondent repeatedly defaulted on those fees, leading to arbitration, a settlement reducing the fees, and subsequent execution proceedings ordering him to pay arrears …

The appellants, shareholders of RBT Private Ltd., filed a contempt petition alleging that the respondent, a fellow shareholder, willfully violated court and arbitral orders by removing assets and failing to pay loan EMIs. A Single Judge of the Delhi High Court on 5 December 2023 held the respondent guilty of contempt a…

The appellant, a construction contractor, entered into a works contract with the respondent and later referred their dispute to arbitration, resulting in the appointment of a sole arbitrator. The arbitral tribunal was required to render its award within 12 months of the completion of pleadings, extendable by six months…

The appeal concerned whether a writ petition under Article 226 of the Constitution can be filed against an order of the Micro and Small Enterprises Facilitation Council (MSEFC) made under Section 18 of the MSMED Act, 2006, and if so, under what circumstances. The Supreme Court examined earlier conflicting judgments, no…

Larsen & Toubro (L&T) and Puri Construction Ltd (PCL) entered into a Development Agreement for land development, later supplemented by a Supplementary Agreement and a Tripartite Agreement involving a bank. Disputes arose over alleged economic duress, non‑fulfilment of conditions precedent, and L&T's abandonment of the …

Electrosteel Steel Ltd. (now ESL Steel Ltd.) filed a petition under Article 227 challenging an order that directed it to comply with an arbitral award dated 06.07.2018 passed by the West Bengal MSME Facilitation Council in favour of Ispat Carrier Pvt. Ltd. The award was rendered after the corporate debtor’s insolvency …

The dispute involved a partnership firm where two of the three partners had died, and the legal heirs of one deceased partner sought to enforce an arbitration clause in the partnership deed to resolve a claim for rendition of accounts. The respondents argued that the heirs, being non‑signatories to the deed and without…

The AMP Group and the JRS Group entered into a Family Arrangement Agreement (FAA) containing an arbitration clause, and later sought to appoint a sole arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996. The petition raised two questions: the scope of the referral court’s jurisdiction after the…

OPG Power Generation (the appellant) and its holding company Gita Power were sued by Enexio Power Cooling Solutions for unpaid amounts under supply and erection orders for an air‑cooled condenser unit. The arbitral tribunal held that Gita Power, as the holding company, was bound by the arbitration agreement and jointly…

The respondent, Snehasis Nanda, bought a flat and entered into a sale agreement with a borrower, while Citicorp Finance (the appellant) granted a home loan to the borrower and transferred part of the loan amount to the bank to foreclose the borrower's existing loan. Nanda claimed that under a purported Tripartite Agree…

Geojit Financial Services Ltd. filed an application under Section 34 of the Arbitration and Conciliation Act, 1996 to set aside an arbitral award. The Bombay High Court dismissed the appeal, holding that the three‑month limitation period began on the date the award was received because the appellant's earlier applicati…

The case concerned compensation disputes arising from the erection of transmission towers and power lines under a 400 kV project that traversed four districts in Haryana. Landowners claimed that the compensation awarded by the District Judges and upheld by the High Court was inadequate, while the contractor sought to l…

The appellant and Eastern Coalfields Limited entered into a contract for transportation of goods that contained Clause 13, which the appellant claimed was an arbitration agreement. The appellant filed an application under Section 11(6) of the Arbitration and Conciliation Act, 1996 for the appointment of an arbitrator, …

Disortho S.A.S., a Colombian company, and Meril Life Sciences, an Indian company, entered an International Exclusive Distributor Agreement for medical products in Colombia. Clause 16.5 of the agreement states that Indian law governs the contract and Gujarat courts have jurisdiction, while Clause 18 provides for concili…

The appellant, Sonali Power Equipments, supplied transformers to the Maharashtra State Electricity Board between 1993 and 2004 and faced delayed payments. It referred the dispute to the Micro and Small Enterprises Facilitation Council under Section 18 of the MSMED Act, obtaining an award in 2010, which the respondents …

The dispute involved Dani Wooltex Corporation (appellant) and Sheil Properties (respondent) arising from parallel arbitrations concerning a development agreement and a memorandum of understanding. While the arbitration concerning Marico Industries concluded with an award in 2017, the arbitration concerning Sheil's clai…

The appellant and respondent No.1 formed an LLP governed by an agreement containing an arbitration clause (Clause 40). Disputes arose over the ITF project, and the appellant issued a Section 21 notice of arbitration only to respondent No.1 and filed a Section 11 application appointing an arbitrator, also only naming re…

The appellant, M/s Interstate Construction, executed work orders for a power project for the respondent, NPCC, and later disputed certain recoveries, leading to arbitration. The arbitral tribunal awarded the appellant principal sum plus interest, distinguishing pre‑reference, pendente‑lite and future interest periods. …

The appellant, Gayatri Project Ltd., entered into a works contract with the Madhya Pradesh Road Development Corporation and invoked arbitration under Clause 67.4 of the contract, resulting in a 2011 award in its favour. The respondent challenged the award under Section 34 of the Arbitration and Conciliation Act, 1996, …

The appellants and respondents, both claiming to be trustees of a charitable trust, were involved in a dispute that led the respondents to file a suit for perpetual injunction. The trial court dismissed the suit under Section 92 of the CPC, prompting an appeal during which the parties agreed to arbitration and later ac…

The Union of India filed a money suit of over Rs 8.73 crore in a Commercial Court in August 2019 without first complying with the pre‑institution mediation requirement of Section 12A of the Commercial Courts Act, 2015. The defendant, Dhanbad Fuels Pvt. Ltd., raised a preliminary objection and sought rejection of the pl…

The case arose from an oral family settlement reduced to a Memorandum of Understanding/Family Settlement Deed (MoU/FSD) signed by Pawan Gupta (PG) and Kamal Gupta (KG) but not by KG's son Rahul Gupta (RG). PG and others filed a petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 seeking appointme…

The appellant, a MSME supplier based in Delhi, entered into a contract with ISRO for construction of staff quarters, which contained a clause fixing Bengaluru as the seat of arbitration. Disputes arose and the supplier invoked the Micro, Small and Medium Enterprises (Development) Act, 2006, prompting the Delhi Facilita…

The Paradip Port Authority (formerly Paradip Port Trust) and Paradeep Phosphates Ltd. entered into a 1985 agreement for a captive berth, with tariff rates subject to periodic revision. Dispute arose when the Authority unilaterally increased rates in 1993, leading to arbitration, an appellate authority order, and a High…

The appellant, Office for Alternative Architecture, challenged a Delhi High Court order that, while appointing an arbitral tribunal under Section 11 of the Arbitration and Conciliation Act, 1996, excluded certain claims as non‑arbitrable. The appellant argued that the court should only examine whether a prima facie arb…

The appellant, an assistant manager, was terminated by the respondent employer alleging absenteeism, after a show‑cause notice and disciplinary inquiry. The appellant filed a petition under Section 15(2) of the Payment of Wages Act for unpaid wages and later approached the Industrial Tribunal under Section 2(A) of the …

The appellants, a husband and wife, entered into a partnership deed containing an arbitration clause and later appointed a sole arbitrator, Mr. Anjum Javed, to resolve disputes with the respondents. The arbitrator repeatedly demanded administrative expenses, which the respondents challenged under Sections 14 and 15 of …

MITC Rolling Mills Pvt. Ltd. filed a commercial suit for recovery of Rs.2.5 crore. The trial court rejected the plaint under Order VII Rule 11 of the CPC on the ground that the plaintiff had not complied with the mandatory pre‑institution mediation under Section 12A of the Commercial Courts Act, 2015. The appellant cha…

The stock broker AC Chokshi Share Broker invoked arbitration under BSE Bye‑law 248(a) to recover a large debit balance that accrued in the wife’s trading account after the 2001 market crash, alleging that the husband had orally agreed to be jointly and severally liable. The arbitral tribunal held both spouses jointly l…

The appellants received an arbitral award on 14 February 2022 and were required to file a Section 34 application within three months, extended by a COVID‑19 order to 29 May 2022, with a further 30‑day condonable period ending on 28 June 2022. The 30‑day period fell during the Delhi High Court's summer vacation (04 June…

Hindustan Petroleum Corporation Ltd. (HPCL) floated a tender for a tank‑truck locking system and awarded a purchase order to AGC Networks Ltd., which later engaged BCL Secure Premises Pvt. Ltd. (BCL) as a sub‑vendor. HPCL alleged non‑performance by AGC and denied any contractual relationship or payment liability to BCL…

The petitioners filed a suit seeking a permanent injunction and damages for alleged infringement of the trademark ‘SRI ANGANNAN BIRIYANI HOTEL’. The respondents filed a Section 8 application invoking arbitration clauses in two assignment deeds of the trademark, alleging that the deeds were fraudulently executed. The Co…

NBCC (India) Ltd., a micro‑small enterprise, entered into several construction contracts with the State of West Bengal and later filed a memorandum under Section 8 of the MSMED Act, 2006 after the contracts were executed. The enterprise then referred a payment dispute to the Micro and Small Enterprises Facilitation Cou…

The Supreme Court examined the interplay between Section 144C, which provides a special dispute‑resolution procedure for eligible assessees, and Section 153(3) of the Income Tax Act, which prescribes a twelve‑month limitation for fresh assessments. The Court held that the limitation under Section 153 applies only to th…

The State of West Bengal appointed Rajpath Contractors to construct a bridge, and an arbitral award dated 30 June 2022 directed the State to pay Rs.2.11 crore. The State received the award on the same day and filed a petition under Section 34 of the Arbitration and Conciliation Act on 31 October 2022, after the Calcutt…

R.K. Pandey, a former lab assistant of a state‑run medical college, claimed that his superannuation age should be 60 years and sought relief through arbitration, relying on an alleged 1957 arbitration agreement between the municipal board and the Governor of Uttar Pradesh. He unilaterally appointed two arbitrators who …

Goqii Technologies (appellant) entered a Master Services Agreement with Sokrati Technologies (respondent) containing an arbitration clause (Clause 18.12). After paying over Rs 5.5 crore, Goqii raised concerns based on an independent audit reporting alleged overcharges and fraudulent practices, and invoked arbitration u…

Lifestyle Equities sued Amazon Technologies for alleged trademark infringement and obtained a money decree of Rs.336.02 crore. Amazon appealed and sought a stay of execution under Order XLI Rule 5(1) and (3) of the CPC without depositing the decretal amount. The Delhi High Court granted an unconditional stay, prompting…

The appellants Jindal Steel issued a work order to Bansal Infra and obtained an unconditional bank guarantee to secure an advance payment. After alleged delays, quality deficiencies and termination of the contract, the appellants threatened to encash the guarantee unless a debit balance was paid. Bansal filed a Section…

The appellant, a private hospital, entered into a software implementation agreement with the respondent, a digital health‑technology firm, which contained Clause 8.28 purportedly providing for arbitration. After repeated technical failures, the appellant invoked the clause and sought appointment of a sole arbitrator un…

Arabian Exports Private Limited (the appellant) claimed insurance proceeds for flood damage amounting to Rs 5,71,69,554 against National Insurance Company Ltd. (the respondent). After a long delay, the respondent offered a much lower sum of Rs 1,88,14,146, which the appellant accepted by signing an undated voucher and …

The State of Jharkhand appealed a High Court order that restored an arbitral award allowing claims that the civil court had struck down as prohibited by specific contractual clauses. The High Court had relied on the Supreme Court’s decision in Bharat Drilling & Foundation Treatment Pvt. Ltd. v. State of Jharkhand, hold…

The Bihar State Food and Civil Supplies Corporation entered into contracts with rice millers for paddy procurement and included an arbitration clause. Allegations of massive fraud and misappropriation of public funds led to criminal FIRs, charges under the Penal Code, and recovery proceedings under the Bihar & Orissa P…

The dispute arose from a US$60 million investment by HSBC PI Holdings in Avitel Post Studioz, governed by an arbitration clause designating Singapore as the seat. After alleged fraud, SIAC rendered a final award in 2014 ordering the appellants to pay the amount. The appellants challenged enforcement in India, alleging …

The appellant, a civil engineering contractor, entered into a contract with the Karnataka State Public Works Department and later sought arbitration for alleged delays and non‑payment, obtaining an award of Rs.14,68,239 with 18% interest. The Civil Judge, invoking Section 34 of the Arbitration and Conciliation Act, red…

MMTC Limited entered a Long Term Agreement with Anglo American Metallurgical Coal for the supply of coking coal, but a dispute arose over the price and unlifted quantities, leading to an arbitral award in favour of Anglo. MMTC challenged the award under Section 34 of the Arbitration and Conciliation Act, which was reje…

The dispute arose from an arbitral award dated 21 November 2004 in favour of G & T Beckfield Drilling Services, directing ONGC (the respondent) to pay a sum of US$6,56,272.34 together with interest at 12% per annum from 12 December 1998, the date the claim was affirmed. ONGC challenged the award under Section 34 of the…

The parties entered into a contract for bauxite mining, and an arbitral award dated 9 April 2022 was issued in favour of the appellant. The respondent filed an application under Section 34 of the Arbitration and Conciliation Act, 1996 on 11 July 2022 to set aside the award. The issue before the Supreme Court was whethe…

Serosoft Solutions and Dexter Capital Advisors were in arbitration over unpaid fees. During the arbitration, the respondent sought additional time to cross‑examine the appellant's witness RW‑1, which the arbitral tribunal rejected, holding that sufficient opportunity had already been given. The respondent appealed to t…

M/s Ferro Concrete Construction (India) Pvt. Ltd. entered into a works contract with the State of Rajasthan that contained Clause 22 prohibiting the contractor from claiming any interest on payments, arrears or balances. Disputes led to arbitration under the Arbitration Act, 1940, where the arbitrator awarded the contr…

The petitioners, an Afghan franchisee, sought appointment of a sole arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996 to resolve disputes over royalty payments and renewal of franchise agreements with the respondent. The key issues were whether the Limitation Act, 1963 applied to a Section 11…