Arbitration and Conciliation Act, 1996

The Supreme Court examined a series of appeals arising from disputes between buyers and micro‑small suppliers under the Micro, Small and Medium Enterprises Development Act, 2006 (MSMED Act) and the Arbitration and Conciliation Act, 1996. The core issue was whether Chapter V of the MSMED Act, which provides a special, t…

Paramjeet Singh Patheja, a guarantor, challenged an insolvency notice issued under Section 9(2) of the Presidency Towns Insolvency Act, 1909 on the basis of an arbitration award rendered under the Arbitration and Conciliation Act, 1996. The High Court had held that the award constituted a decree for the purpose of the …

The appellants, shareholders of Dev Papers Ltd., filed a suit against several defendants. An arbitration agreement existed between the appellants and some, but not all, of the defendants. The appellants amended the plaint to delete the names of those defendants who were parties to the arbitration agreement and proceede…

The dispute arose from a fourth arbitration between HRD Corporation and GAIL (India) Ltd. over a long‑term wax supply contract. The appellant challenged the appointments of two arbitrators, Justice K.K. Lahoti and Justice K. Doabia, invoking Sections 12 and 14 of the Arbitration and Conciliation Act, 1996, as amended i…

Mis Aurohill Global Commodities Ltd., a Cyprus‑based exporter, entered into a draft purchase order with Mis M.S.T.C. Ltd. for the sale of steel billets. The purchase order contained an arbitration clause mandating disputes be resolved in London under the rules of Great Britain and a jurisdiction clause conferring exclu…

Reliance Industries Ltd., Niko Resources Ltd. and British Petroleum entered into a Production Sharing Contract (PSC) with the Union of India. When a dispute arose over cost recovery, Reliance, acting as the operator, invoked the arbitration clause in Article 33 of the PSC and nominated an arbitrator. Two arbitrators, b…

The appellant, an iron‑ore exporter, claimed a rebate of Rs 62,46,548.10 from the Board of Trustees of Mormugao Port, alleging that the Board had unlawfully levied a surcharge and refused full rebate. The Board raised two defenses under Section 120 of the Major Port Trusts Act, 1963: that the appellant had not served t…

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 …

Yograj Infra Ltd. furnished bank guarantees under a construction contract with Ssang Yong Engineering & Construction Co. Ltd. After the contract was terminated for alleged non‑performance and over‑payment, the respondent invoked the guarantees. Yograj filed a Section 9 application under the Arbitration and Conciliation…

Shin Satellite Public Co. Ltd., a Thai satellite service provider, entered into a contract with Jain Studios Ltd. that contained an arbitration clause (Clause 23) requiring disputes to be referred to arbitration in Delhi under UNCITRAL rules, with the award deemed final and binding and a waiver of any right of appeal. …

NHPC Ltd appealed against a Punjab and Haryana High Court order that, under Section 9 of the Arbitration and Conciliation Act, 1996, required it to release the amount awarded to M/s Patel Engineering Ltd, subject to a bank guarantee. The appellant contended that the High Court had acted beyond its jurisdiction because …

M/s Emaar India Ltd entered into a Collaboration Agreement and a 2011 Addendum with Tarun Aggarwal Projects LLP. A dispute arose concerning performance under clauses 3, 6 and 9 of the Addendum, and the parties invoked Clause 36, which permits specific performance in a court, while Clause 37 provides for arbitration of …

Sanghi Industries Ltd invoked performance bank guarantees issued by Ravin Cables Ltd in respect of three purchase orders and subsequently commenced arbitration. Ravin Cables filed two applications under Section 9 of the Arbitration and Conciliation Act, 1996 before Commercial Courts seeking to secure the disputed amoun…

The appellants, contractors, obtained an arbitral award that granted them a sum of money plus interest at 18% per annum for the pre‑reference, pendente lite and post‑award periods. The arbitrator did not provide any reasons for fixing the rate of interest. The respondents had remained silent for long periods (1977‑1989…

Arun Dev Upadhyaya appealed against a judgment of the Single Judge of the Bombay High Court that enforced an international arbitration award against one of the respondents but not the other. The appeal raised the question of whether a Letters Patent appeal could be filed before the Division Bench under the Commercial C…

The Supreme Court considered several petitions concerning the determination of arbitrators' fees under the Arbitration and Conciliation Act, 1996. The Court held that arbitrators cannot unilaterally issue binding orders determining their own fees, as this violates party autonomy and the principle that one cannot be a j…

The appellant, Yusuf Khan, owned a 2412 sq. yard property in Mumbai and entered into a development agreement on 23 June 2006 with two developers to construct a building, granting the developers a 50% share of the development potential. The developers failed to commence or complete construction within the stipulated 24‑…

The insurer, United India Insurance Co. Ltd., invoked the arbitration clause in its policy with J.A. Infrastructure Pvt. Ltd. and, after two conflicting arbitral awards, filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996 in the High Court, which was dismissed for lack of jurisdiction. The i…

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…

B.B.M. Enterprises obtained an arbitral award on 16 September 2009 for Rs. 1.38 crore plus interest and costs. The award was executed, but the award‑challenging petition under Section 34 of the Arbitration and Conciliation Act, 1996 was filed on 2 April 2010, well beyond the 120‑day limitation period. The District Judg…

Zenith Drugs & Allied Agencies entered into a 1997 agreement with RPIL appointing it as a clearing and forwarding agent, which contained an arbitration clause. After RPIL merged with Nicholas Piramal India Ltd., the agreement was terminated and the parties settled their dispute through a compromise deed in December 200…

The appeal arose from a Section 34 petition challenging an arbitral award where the filing party had not issued the prior notice or filed the required affidavit under Section 34(5) of the Arbitration and Conciliation Act, 1996. The Patna High Court had held the provision mandatory and dismissed the petition, but the Su…

Hythro Power Corporation Ltd. sought to refer its dispute with Delhi Transco Ltd. to arbitration under an arbitration clause contained in a Notice Inviting Tender (NIT). The Single Judge of the Delhi High Court, acting as the nominee of the Chief Justice under Section 11 of the Arbitration and Conciliation Act, 1996, r…

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 Supreme Court examined an appeal challenging a Bombay High Court order that disposed of a writ petition by adopting a "Minutes of Order" signed by counsel, without impleading parties who would be affected by the construction of a compound wall. The writ petition sought police protection for the wall's construction,…

The appellant, a married daughter of a deceased motor‑vehicle accident victim, filed a claim petition under Section 140(2) of the Motor Vehicles Act, 1988. The insurer contended that she was not entitled to compensation because she was not financially dependent on her father. The Motor Accident Claims Tribunal dismisse…

The Supreme Court examined whether an order by the Chief Justice of India (or his designate) under Section 11 of the Arbitration and Conciliation Act, 1996, appointing an arbitrator, is an adjudicatory order that can be challenged by a petition for special leave under Article 136 of the Constitution. The Court held tha…

The dispute arose from a multimodal transport Bill of Lading in which the respondent, Premier Sea Foods, filed a suit in Kochi to recover a sum, relying on the Bill of Lading as part of its cause of action. The appellant, Caravel Shipping Services, filed an application under Section 8 of the Arbitration and Conciliatio…

The Bank, a co‑operative society, had a gratuity scheme offering 26 days' wages per year of service with a ceiling of Rs 2.5 million. Under the Payment of Gratuity Act, 1972 (as amended), the statutory rate is 15 days' wages with a ceiling of Rs 3.5 million. After retirement, the employees claimed the benefit of both t…

Bharat Sewa Sansthan, a charitable society, leased premises to U.P. Electronics Corporation Ltd. under a lease that contained an arbitration clause. The society sued for recovery of rent arrears, water and sewerage taxes, and interest, while the corporation moved for reference of the dispute to arbitration under Sectio…

The appellant, JSW Steel, was setting up a steel plant in Bellary, Karnataka and entered into a pipeline supply agreement with the respondent, Jindal Praxair, which contained an arbitration clause specifying Bombay as the seat of arbitration. A dispute arose and the respondent filed a petition under Section 9 of the Ar…

The case concerned disputes arising under the Micro, Small and Medium Enterprises Development Act, 2006 (MSMED Act) where a supplier (Silpi Industries) claimed unpaid amounts from Kerala State Road Transport Corporation (KSRTC) and the corporation raised counter‑claims. The issues before the Supreme Court were whether …

M/s Emm Enn Associates (contractor) completed a security‑fencing contract for the Government in July 2000 and received payment on 10 April 2001 for the undisputed portion of the final bill. The contract provided a two‑year defect‑liability period for the Government to recover any over‑payment, but the contractor later …

The appellant, an unregistered partnership firm, entered into a construction contract with the respondent and later contested the respondent's claim in arbitration. The respondent argued that Section 69(3) of the Partnership Act, 1932 barred the firm from participating in arbitral proceedings because "other proceedings…

Quippo Construction Equipment Ltd entered into four rental agreements with Janardan Nirman Pvt Ltd, each containing an arbitration clause under the Construction Industry Arbitration Association (CIAA). One agreement stipulated Kolkata as the place of arbitration, but the sole arbitrator conducted proceedings in Delhi a…

The Union of India (appellant) and several contractors, including Parmar Construction Company (respondent), entered into railway construction contracts containing an arbitration clause (clause 64). After completing work, the contractors submitted final bills with a "No Claim" certificate, but later sought arbitration o…

The first respondent bought an unfinished apartment and contracted the developer to complete it, invoking an arbitration clause in their construction agreement dated 21‑02‑2008. The respondent also had a separate loan agreement with the appellant bank, which contained its own arbitration clause. When the developer fail…

Shree Subhlaxmi Fabrics Pvt. Ltd. initiated arbitration against Chand Mal Baradia under a clause in their contract. Baradia filed a suit in the Calcutta Civil Court seeking an injunction to restrain the arbitration, claiming that no arbitration agreement existed and that the contract’s jurisdiction clause limited dispu…

The State of Haryana awarded a construction contract to S.L. Arora & Co., which was completed late, leading to arbitration. The arbitrator awarded Rs 14.94 lakh with 12% simple interest from 19‑Dec‑1990 to the award date and future interest of 18% per annum on the "total amount of award" if not paid within 30 days. The…

The appellant, Deep Industries Ltd, was contractually terminated by ONGC for allegedly supplying second‑hand equipment and was subsequently black‑listed for two years. The dispute was referred to arbitration, where the arbitrator stayed the blacklist order conditionally, and the first appeal under Section 37 was dismis…

Gayatri Project Ltd, the main contractor, and Sai Krishna Construction, its sub‑contractor, entered into a 2001 agreement containing an arbitration clause. The parties later signed a document dated 6 June 2003 that the appellant claimed was a full and final settlement of all disputes, but the respondent did not accept …

Chloro Controls (India) Pvt. Ltd. filed a suit seeking declaration and injunction against Severn Trent Water Purification Inc. and related entities over a joint‑venture arrangement involving multiple agreements, some of which contained arbitration clauses. The respondents moved under Section 45 of the Arbitration and C…

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 dispute arose from a BOT concession for the seventh berth at V.O. Chidambaranar Port, where PSA SICAL Terminals (SICAL) sought to replace a royalty payment model with a revenue‑sharing model, alleging a change in law under Article 14 of its licence agreement. The arbitral tribunal awarded SICAL relief, finding that…

Reliance Industries and BG Exploration entered into two Production Sharing Contracts (PSCs) with the Government of India for oil fields. Disputes arose over royalties, cess, service tax and a CAG audit, leading Reliance to issue a notice of arbitration under Article 33 of the PSCs. The parties agreed that the arbitrati…

Swiss Timing Ltd., a Swiss company, entered into a contract with the Commonwealth Games 2010 Organising Committee to provide timing and scoring services. The Committee failed to pay the agreed fees, prompting Swiss Timing to invoke the arbitration clause in the agreement. The Committee objected, claiming the contract w…

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…

Ganesh Benzoplast Ltd. (complainant) entered into Inter‑Corporate Deposit agreements with Morgan Securities & Credits Ltd., pledging shares as security. When the value of the pledged shares fell, the lender invoked the pledge and sold the shares to itself and its group companies in 2001. The complainant waited until 20…

The Government awarded a works contract for the extension of Guwahati airport terminal to J.G. Engineers, which was later terminated for alleged slow progress. The parties referred their dispute to arbitration as per the contract, and the sole arbitrator awarded the contractor a sum of Rs.1.04 crore, rejecting the resp…

United India Insurance Co. Ltd. settled two fire insurance claims of Antique Art Exports Pvt. Ltd. by issuing full and final discharge vouchers, which the claimant accepted without objection. Eleven weeks later, the claimant alleged that the settlement was obtained through fraud, coercion and undue influence and invoke…

During the pendency of an appeal, the parties executed an arbitration agreement and sought to have the Supreme Court refer the dispute to arbitration under Section 8 of the Arbitration and Conciliation Act, 1996. The Court examined whether the phrase "which is the subject of an arbitration agreement" required the agree…

The parties entered into a ten‑year tenancy agreement for godowns that contained an arbitration clause. When the lease expired, the landlord sought possession and invoked the arbitration clause, appointing an arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996. The tenant appealed, arguing that th…

The dispute concerned the timing of the limitation period for filing an application under Section 34 of the Arbitration and Conciliation Act, 1996 to set aside an arbitral award. The arbitrator gave a signed copy of the award only to the claimant, while the respondent (appellant) received an unsigned Xerox copy only af…

The parties entered into a power plant contract, after which the respondent (Siemens) claimed compensation for delays and the appellant (NTPC) filed a counter‑claim. The arbitral tribunal, relying on a Minutes of Meeting that settled many issues, dismissed most of the counter‑claims as settled or barred by limitation, …

The State of Arunachal Pradesh entered a contract for road bridge construction with M/s Damini Construction, which later refused payment, leading to arbitration. An interim award dated 12‑10‑2003 was issued, which the State later sought to review by letter on 02‑04‑2004; the arbitrator replied on 10‑04‑2004 that he had…

Bharat Aluminium Company entered into a 1993 contract with Kaiser Aluminium Technical Services Inc. that contained an arbitration clause specifying that any disputes would be resolved under English arbitration law, while the contract itself was governed by Indian law. The arbitration was conducted in England, resulting…

The parties entered into a contract on 21‑12‑2010 that contained an arbitration clause. A dispute over payment and security deductions arose, and the contractor served a notice of arbitration on 09‑03‑2016, which the respondent ignored. The contractor then filed an application under Section 11 of the Arbitration and Co…

The Supreme Court examined a batch of writ petitions filed by Hindustan Construction Company Ltd seeking to strike down Section 87 of the Arbitration and Conciliation (Amendment) Act, 2019 and the deletion of Section 26 of the 2015 Amendment, arguing that they revived an automatic‑stay of arbitral awards and removed th…

The National Highways Authority of India (NHAI) acquired land for a highway and the compensation awarded by the competent authority was challenged by Sayedabad Tea Company Ltd. The aggrieved party applied to the Central Government under Section 3G(5) of the National Highways Act, 1956 for the appointment of an arbitrat…

The parties entered into an arbitration agreement that required the arbitrator to render an award within four months of the first preliminary meeting, with any extension needing the consent of both parties. The first preliminary meeting was held on 4 May 2007, but the arbitrator failed to issue an award by the 4 Septem…

Fiza Developers & Inter‑Trade Ltd. challenged an arbitral award of Rs 57.6 crore by filing an application under Section 34 of the Arbitration and Conciliation Act, 1996, seeking its setting aside. The respondent filed a written statement and the appellant moved the City Civil Court to frame issues under Order 14 Rule 1…

Parsha Kente Collieries Ltd entered into a Coal Mining and Delivery Agreement with Rajasthan Rajya Vidyut Utpadan Nigam Ltd for coal supply. Disputes arose over price escalation, fixed costs, and an escrow account, leading to arbitration where the arbitrator allowed claims on price adjustment, fixed costs and escrow, b…

NDMC entered into a purchase order with Minosha India Ltd, terminated it for alleged non‑performance and the latter invoked the arbitration clause on 7 June 2016. Before the arbitration could commence, the corporate debtor was admitted to corporate insolvency resolution on 14 May 2018, a moratorium was imposed under Se…

Oil and Natural Gas Corporation Ltd. (ONGC) entered into a contract with Discovery Enterprises Pvt. Ltd. (DEPL), a member of the DP Jindal Group, which contained an arbitration clause. ONGC sought to bind Jindal Drilling and Industries Ltd. (JDIL), a non‑signatory affiliate, invoking the group‑of‑companies doctrine, an…

Wescare (I) Ltd. entered into a sale agreement on 24‑Feb‑2006 with Subuthi Finance Ltd., which contained an arbitration clause. Indowind Energy Ltd., promoted by Subuthi, was not a signatory to the agreement and its board had not approved it. Wescare filed a petition under Section 11(6) of the Arbitration and Conciliat…

The Tamil Nadu Electricity Board (TNEB) appealed against High Court writ orders that awarded compensation to victims of electrocution, alleging that the High Court had improperly exercised its Article 226 jurisdiction and had referred the dispute to an arbitrator without a valid arbitration agreement. The Supreme Court…

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 considered appeals challenging a High Court order that held a petition under Section 34 of the Arbitration and Conciliation Act, 1996 was time‑barred. The petitioners, led by the late Anilkumar Patel, argued that the arbitral award dated 07‑07‑1996 had not been served on the other family members, so t…

The Union of India appealed a High Court order that appointed an independent arbitrator in a dispute with BESCO Ltd. The issue was whether, under Section 11(6) of the Arbitration and Conciliation Act, 1996, the Chief Justice of a High Court or a designated judge must appoint the arbitrator named in the parties' agreeme…

The appellant, a building contractor, was awarded a contract by the respondent, a Karnataka government company, to construct a school. The contract contained an arbitration clause (clause 35) stipulating that any dispute would be arbitrated and that enforcement actions would be heard only in courts at Bangalore. An arb…

NV Engineering (formerly Noy Vallesina) and Jindal Drugs entered into an engineering contract that provided for ICC arbitration with the seat in London. A partial award was made in 2000, which Jindal challenged before the Bombay High Court under Section 34 of the Arbitration and Conciliation Act, 1996; the court held t…

Perkins Eastman Architects DPC & Anr (applicants) entered into a design‑consultancy contract with HSCC (India) Ltd (respondent) that contained Clause 24 for dispute resolution by a sole arbitrator appointed by the Chairman and Managing Director (CMD) of HSCC. The applicants invoked arbitration on 28 June 2019; the resp…

Lt. Gen. Depinder Singh (author) entered a publication agreement with Dattatreya Prakashan, later acquired by the appellant (Trishul Publications). After publishing the first and second editions, the appellant refused further editions and suggested the author authorize another publisher, Natraj Publishers, to reprint 1…

The appellant-builder company entered into a Joint Development Agreement and a subsequent MoU with Respondent No.2 to develop a property and sell flats, but a dispute arose over the alleged sale of four excess flats beyond the agreed share. Respondent No.2 filed a criminal complaint alleging cheating and criminal breac…

The case concerned the nature of the power exercised by the Chief Justice of a High Court or the Chief Justice of India under Section 11(6) of the Arbitration and Conciliation Act, 1996 to appoint arbitrators when parties fail to do so. The petitioners argued that this power is judicial, requiring the Chief Justice to …

The parties, heirs of a deceased businessman, disputed the division of his properties and resolved the matter by arbitration, which resulted in an award on 18 February 2010 that was received on 21 February 2010. The respondents filed an application under Section 34(3) of the Arbitration and Conciliation Act, 1996 to se…

The parties entered into an agreement for the installation and operation of an amusement ride, with revenue sharing and guaranteed minimum collections. The appellant defaulted on payments, leading the respondent to invoke the arbitration clause. An arbitrator awarded the respondent Rs.13,94,240 with interest but disall…

The Delhi Development Authority (DOA) entered into a development contract with M/s R.S. Sharma & Co., which later disputed extra cartage charges for stone brought from Nooh, Haryana. The arbitrator awarded the contractor extra rates of Rs.30 per cubic metre, ignoring clause 3.16 of the contract that prohibited such ext…

The State of Himachal Pradesh entered into a construction contract and, after a dispute over extra work payment, the matter was referred to arbitration. The arbitrator issued an award on 5 November 2007, which was physically delivered to the office on 10 November (a holiday) but actually received by the Executive Engin…

The Supreme Court examined a suit where the plaintiff sought recovery and the trial court, after an application under Section 89 of the CPC, formulated issues and referred the matter to arbitration despite the defendants' refusal. The Court held that Section 89 requires a preliminary hearing after pleadings, a summary …

The parties entered into a partnership deed containing Clause 16, which stated that any dispute would be "mutually decided" or "referred for arbitration if the parties so determine." The respondent filed an application under Sections 11(5) and 11(6) of the Arbitration and Conciliation Act, 1996 seeking appointment of a…

The Haryana government awarded concession agreements to Rapid Metrorail Gurgaon Ltd (RMGL) and Rapid Metrorail Gurgaon South Ltd (RMGSL) for two metro projects, which were later terminated by both parties amid allegations of fraud against the IL&FS group. The State agencies HSVP and HMRTC approached the High Court unde…

Indus Biotech Private Ltd sought arbitration against Kotak India Venture Fund and related entities over the formula for converting optionally convertible redeemable preference shares into equity shares, claiming no default existed. Kotak filed a petition under Section 7 of the Insolvency and Bankruptcy Code (IBC) seeki…

The Union of India (Northern Railways) entered into a construction contract with Mis. Singh Builders Syndicate which contained Clause 64 requiring two serving Gazetted Railway officers as arbitrators who would appoint an umpire. The builder invoked arbitration in 1999, but repeated transfers and resignations of the app…

Secur Industries Ltd filed a claim petition under Section 6 of the Interest on Delayed Payments to Small Scale and Ancillary Industrial Undertakings Act, 1993, referring the dispute to the Uttar Pradesh Industry Facilitation Council. The respondent filed a suit in a civil court seeking a declaration that the petition w…

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…

Saluja Construction Company entered into a contract with Northern Coalfields Limited for the Bina Project and invoked arbitration under Clause 9, filing an application under Sections 8 and 20 of the Arbitration and Conciliation Act, 1996 limited to that project. The arbitrator, however, issued an award that also covere…

Associate Builders entered into a construction contract with the Delhi Development Authority (DDA) for a housing project. After completing only part of the work, the contractor filed 15 claims for overheads, damages and price escalations, which were largely awarded by an arbitrator. The Single Judge of the Delhi High C…

The Supreme Court examined whether Section 31(7) of the Arbitration and Conciliation Act, 1996 permits an arbitral tribunal to include pre‑award interest in the "sum" for which an award is made and thereby allow interest on that interest for the post‑award period. The Court held that the word "sum" includes both princi…

The parties entered into a Memorandum of Understanding (MOU) on 25 September 2007 containing an arbitration clause. Although the MOU stipulated a trial period ending 31 December 2007, the petitioner unilaterally extended it until its termination on 25 September 2009, after which the respondent commenced legal proceedin…

An arbitration award dated 6 October 1996 confirmed a family settlement under a Memorandum of Understanding (MOU) of 24 June 1996. The award was challenged by two parties, leading a single High Court judge to set it aside. Subsequent appeals were dismissed, and the Supreme Court remanded the matter for further consider…

The appellant, a contractor, was awarded a bridge construction contract by the Government of Karnataka. Disputes arose and the contract’s Clause 29 required any dispute to be first referred to the Chief Engineer or a Designated Officer, whose decision was subject to court remedy. The contractor applied under Sections 1…

The Salem Advocate Bar Association filed writ petitions under Article 32 challenging the 1999 and 2002 amendments to the Code of Civil Procedure, 1908. While the Constitutionality of the amendments was not contested, the petitioner sought clarification on their practical implementation. The Court interpreted the amende…

The Union of India challenged an arbitral award made in its favour by Hardy Exploration and Production (India) Inc, contending that Indian courts had jurisdiction to entertain a Section 34 application despite the arbitration agreement specifying Kuala Lumpur as the "venue" for proceedings. The Delhi High Court held tha…

The National Highways Authority of India (NHAI) entered into a contract with Bumi Highway DOB Ltd. that contained an arbitration clause specifying that a presiding arbitrator be appointed by the Indian Roads Congress (IRC) if the two party‑appointed arbitrators could not agree. Disagreements arose, the respondent sough…

The dispute arose between two brothers over the validity of partnership deeds executed after their grandfather's death, with the elder brother alleging that the later deeds of 1991 and 2000 were forged. The younger brother filed an application under section 11 of the Arbitration and Conciliation Act, 1996, seeking appo…

Great Offshore Ltd. filed an arbitration petition asserting that a charter party agreement (CPA) faxed on 22 August 2005 contained a valid arbitration clause. Iranian Offshore Engineering & Construction Co. contested the existence of a binding contract, alleging the faxed CPA was a forged copy, lacked the respondent's …

M/s. Indtel Technical Services Pvt. Ltd. and W.S. Atkins Rail Ltd. entered into a Memorandum of Understanding on 11 June 2002 to jointly prepare a tender for the Indian Railways Crashworthiness Project. The respondent unilaterally terminated the MoU and withdrew the joint bid, leading the applicant to claim breach and …

The appellant and his brother, the first respondent, entered into a Memorandum of Understanding (MoU) in 2010 that included an arbitration clause. The appellant later filed two suits involving additional parties, including a private company and Canara Bank, seeking injunctions over family property. The first respondent…

Mahanadi Coalfields Ltd., a subsidiary of Coal India Ltd., entered into a contract with IVRCL AMR Joint Venture for road works. The contract contained Clause 15 titled “Settlement of Disputes/Arbitration”, which the respondent invoked to issue a notice of arbitration and later sought appointment of an arbitrator under …

The appellant and respondent entered into a contract for the sale of iron ore pellets that contained an arbitration clause stating that arbitration would be governed by the Indian Arbitration and Conciliation Act, 1996 and that the venue of arbitration would be Bhubaneswar. A dispute arose and the respondent filed a pe…

The Supreme Court examined a petition by Etoile Creations seeking the appointment of a sole arbitrator under Sections 11(5) and 11(9) of the Arbitration and Conciliation Act, 1996, invoking the arbitration clause in a Buyers Agreement dated 18‑Oct‑2012 with SARL Danset Deco. The parties were in dispute over unpaid invo…

The dispute concerned a clause in a railway‑contractor agreement that required the contractor to give a written demand for arbitration, after which the Railways had 60 days to furnish a panel of more than three eligible railway officers. The contractor sent its demand on 12 June 2013 but filed an application under Sect…

The case concerns a sub-contract (Work Order) containing an arbitration clause, which was unstamped. The appellant argued that the arbitration agreement was unenforceable due to non-payment of stamp duty under the Indian Stamp Act, 1899. The Supreme Court, by a 3:2 majority, held that an arbitration agreement contained…

The appellant, a public sector steel manufacturer, appointed the respondent as a handling contractor under a 1998 contract that contained clause 9.3 requiring the contractor to bear all taxes arising from the performance of his obligations. After the Finance Act, 1997 extended service tax to handling contractors, the a…

The Union of India and others contracted Master Construction Co. to complete works, which were finished and a completion certificate issued. The contractor submitted no‑claim certificates and signed the final bill, receiving full payment on 19 June 2000, after which it later withdrew the certificates and lodged further…

Maharshi Dayanand University invited tenders for construction of sheds. The respondent submitted a tender containing a clause (25A) providing for arbitration and the university accepted the tender, stipulating that work would commence from the date of acceptance but that no payment would be made until a detailed contra…

Larsen & Toubro (L&T) entered into a main contract with SCOPE and subcontracted work to M/s. Mohan Lal Harbans Lal Bhayana (respondent). The subcontract contained an arbitration clause (Clause 25) for disputes between L&T and the respondent. Subsequent supplementary agreements (1990, 1993, 1995) altered the dispute‑res…

The Intercontinental Hotels Group (India) and its associate entered into a Hotel Management Agreement (HMA) with Waterline Hotels, which required the latter to pay incentive fees for renovations. Waterline Hotels failed to pay and later terminated the HMA, prompting the petitioners to invoke the arbitration clause and …

Mahanagar Telephone Nigam Ltd. appealed a Delhi High Court order that had held the Code of Civil Procedure (CPC) applicable to an appeal under Section 37 of the Arbitration and Conciliation Act, 1996 and had entertained a cross‑objection under Order XLII Rule 22 CPC. The Supreme Court examined whether the 1996 Act is a…

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.…

M/s. Everest Holding Ltd., a Chinese company, entered into a Joint Venture Agreement (JVA) with Shyam Kumar Shrivastava and his group for mining iron ore in India. The JVA contained an arbitration clause (cl. 14.3) and led to the incorporation of Everest Mining & Mineral Pvt. Ltd., for which the petitioner made equity …

The parties entered into a memorandum of understanding in 2014 for the sale of land, with the respondent paying an advance of Rs.15.5 crore. The MoU was terminated in 2024 and the dispute was referred to arbitration, where the tribunal awarded the advance amount with simple interest at 21% per annum from the date of di…

Hindustan Construction Company Ltd (the contractor) executed embankment work for the National Highways Authority of India (NHAI) under the Allahabad bypass project and disputed how quantities should be measured for payment—whether soil and pond‑ash embankments should be measured as a single composite cross‑section or s…

The National Highways Authority of India (NHAI) acquired land from private owners and an arbitrator awarded enhanced compensation, which NHAI challenged under Section 34 of the Arbitration and Conciliation Act, 1996. The land owners, instead of filing an execution proceeding, approached the High Court under Article 226…

The appellant SEPCO, a Chinese corporation, was awarded a large arbitration award in favour of the Indian respondent Power Mech Projects. The High Court, under Section 9 of the Arbitration Act, directed SEPCO to furnish a Rs 30 crore bank guarantee from a "scheduled bank located in India". SEPCO complied by obtaining a…

Sasan Power Ltd entered into Agreement‑I with the American company NAC, which contained an arbitration clause governed by English law and seated in London. Two years later the parties executed Agreement‑II, a tripartite deed involving Sasan Power, NACC India (a subsidiary of NAC) and NAC, which transferred NAC's rights…

The dispute arose from a dealership agreement between Indian Oil Corporation Ltd. (the appellant) and M/s. Raja Transport (P) Ltd. (the respondent) which contained an arbitration clause mandating that any dispute be referred to the Director, Marketing of the corporation or a person nominated by him. After the corporati…

The appellants stored agricultural produce in the respondent's cold storage and alleged damage, leading to a dispute. The storage receipt contained an arbitration clause naming Sri S.T. Madnani, an advocate, as the arbitrator. Madnani had previously acted as counsel for a partner of the respondent in a separate case, a…

The appellant, Hafizun Begum, the widow of a deceased motor‑vehicle accident victim, challenged an order allowing the deceased's brothers—who were not financially dependent on him—to claim compensation under the Motor Vehicles Act, 1988. The High Court had dismissed her claim, holding that the brothers were entitled to…

The Tunisian company Groupe Chimique Tunisien supplied phosphoric acid to Southern Petrochemicals under purchase orders that incorporated the Fertilizer Association of India (FAI) terms, which contain an arbitration clause (clause 15). After non‑payment, the supplier sued in a Jordanian court, where the respondent argu…

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 dispute arose from a share purchase agreement where KCP and its nominees, including Cheran Properties Limited (the appellant), were to acquire shares of SPIL from KSL. The parties later entered arbitration, which awarded KSL the return of share documents and payment of Rs 3.58 crore. The award attained finality, an…

The parties entered into a development agreement for a property in Muzaffarpur, Bihar, which contained an arbitration clause stating that the arbitrators' sittings would be in Kolkata. After a dispute arose, the respondent filed an arbitration petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 i…

The dispute arose from a Facilitation Deed containing an arbitration clause (Clause 9) that required disputes to be referred to ICC arbitration in Singapore. The respondent rescinded the deed alleging fraud and sought a temporary injunction restraining the arbitration. The Bombay High Court granted the injunction, hold…

The M.P. Rural Road Development Authority entered into a works contract with L.G. Chaudhary Engineers for road construction. After alleged breaches, the Authority terminated the contract and encashed the contractor's bank guarantee, leading to a dispute. The contractor sought arbitration under the Arbitration and Conci…

M/s Meenakshi Solar Power Pvt. Ltd. entered into a Share Purchase Agreement (SPA) with M/s Abhyudaya Green Economic Zones Pvt. Ltd. and its promoters to acquire a solar power project, later executing a Tripartite Agreement and an addendum involving a financier. Disputes arose and the appellant invoked the arbitration c…

Tata Consultancy Services Ltd (TCS) terminated a Facilities Agreement with SK Wheels Private Limited, the corporate debtor, alleging service deficiencies. The corporate debtor, represented by the Resolution Professional, sought relief under the Insolvency and Bankruptcy Code (IBC) invoking the National Company Law Trib…

The Union of India invited tenders for fresh fruit supply to its troops and accepted the tender of Col. L.S.N. Murthy (respondent No.2). After the respondent stopped supply in June 2000, the Union rescinded the contract, forfeited the security deposit and claimed expenses, leading to arbitration. The arbitrator held th…

A partnership dispute arose between the parties, and the first respondent filed an application under Section 11 of the Arbitration and Conciliation Act, 1996 seeking appointment of an arbitrator. The Chief Justice of the Allahabad High Court appointed a retired judge as arbitrator on 9 December 2005 without providing a…

Bharat Petroleum Corporation Ltd (BPCL) supplied aviation fuel to Go Airlines under two supply agreements (2007‑2009 and 2009‑2011). BPCL claimed interest on delayed payments and invoked the arbitration clause, while Go Airlines raised two counter‑claims, one seeking CENVAT credit invoices. The arbitrator, applying Sec…

The Transmission Corporation of Andhra Pradesh Ltd. (appellant) awarded contracts to Equipment Conductors and Cables Ltd. (respondent) which led to arbitration where claims on invoices 1‑57 were held time‑barred and no award was made. The respondent unsuccessfully sought execution of those amounts, then issued a Sectio…

The case involved an Admiralty suit filed by Banque Cantonale de Geneve against the owners of the vessel M.V. Polaris Galaxy for alleged mis‑delivery of cargo. The Commercial Division of the Madras High Court, exercising its power under Order 1 Rule 10(2) of the CPC, added Gulf Petroleum FZC as a necessary party. The a…

The dispute involved M/s. Vijeta Construction alleging non‑payment of Rs.2,44,92,846 for TMT bars supplied by M/s. Indus Smelters, which had paid only Rs.1,24,50,000. Indus Smelters approached the Micro and Small Enterprises Facilitation Council under the MSMED Act, which dismissed the application on the ground of limi…

The Supreme Court, acting suo motu, extended the limitation period for all judicial and quasi‑judicial proceedings due to the COVID‑19 pandemic, initially ordering an exclusion of the period from 15 March 2020 to 14 March 2021. After a decline in cases, the Court on 8 March 2021 limited the exclusion to that one‑year s…

Canara Nidhi Ltd. advanced a Rs.50 lakh loan secured by mortgage and a demand promissory note, which the borrower M. Shashikala failed to repay, leading to an arbitral award of Rs.63.82 lakh. Shashikala filed an application under Section 34 of the Arbitration and Conciliation Act, 1996 to set aside the award and sought…

Delta Distilleries supplied Indian Made Foreign Liquor to United Spirits under a contract that made the buyer responsible for sales tax. A dispute arose over a set‑off/refund claimed by Delta from the Sales Tax Department, which United Spirits argued reduced its tax burden. The arbitral tribunal allowed United Spirits …

Shakti Bhog Foods Ltd (appellant) entered into a charter party with Kola Shipping Ltd (respondent) to load 13,500 MT of sorghum at Kakinada for shipment to Cotonou, but only 1,100 MT was loaded because the export order from Niger could not be obtained. A dispute arose over demurrage and compensation, leading to multipl…

Pam Developments Private Ltd entered into a work contract with the State of West Bengal for road widening, which was completed after a five‑month delay. The contractor claimed several sums, including labour charges for uneconomical stoppage, interest on delayed payment of running‑account bills, and pre‑reference intere…

The appellants challenged the admission of a demarcation report prepared by a government agency during conciliation proceedings against the respondent. The High Court had allowed the report as evidence, but the Supreme Court examined whether this contravened Sections 75 and 81 of the Arbitration and Conciliation Act, 1…

The dispute arose from a 2005 Memorandum of Understanding for the sale of shares, where Clause 12 referred to "Mediators/Arbitrators" making decisions on breaches. The appellant contended that Clause 12 constituted an arbitration clause under the Arbitration and Conciliation Act, 1996. The Court examined Clauses 6, 8, …

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…

M.P. Steel Corporation imported a vessel and disputed the customs duty assessed on its light displacement tonnage. After paying duty, the corporation appealed the Collector's order before the Customs, Excise and Gold (Control) Appellate Tribunal (CEGAT), which allowed the appeal, but the Supreme Court later set aside C…

The Union of India and others entered into a contract with M/s. Bharat Enterprise for repair work, which required the contractor to submit a final bill and a No Claims Certificate. The contractor submitted the final bill on 13‑02‑2002, but payment was delayed for over a year, after which the contractor raised additiona…

The Madhya Pradesh Electricity Board entered into a Power Purchase Agreement (PPA) with Narmada Equipments in 1999, which was terminated in 2001. The PPA contained an arbitration clause. In 2011 Narmada invoked the clause and, after receiving no response, filed an application under Section 11(6) of the Arbitration and …

Indiabulls Housing Finance Ltd (appellant) sought to enforce loan recovery against Deccan Chronicle Holdings Ltd and others under the SARFAESI Act after the original lender, Indiabulls Financial Services Ltd (IBFSL), merged into Indiabulls Housing Finance. The High Court held that SARFAESI could not be invoked because …

The National Highway Authority of India (NHAI) awarded road construction contracts that contained a price‑adjustment clause (Clause 70.3) requiring calculation of adjustments for components such as bitumen, cement and steel. The clause stipulated percentages (x, y, z) to be the "actual percentage of cost" of these mate…

The National Highway Authority of India awarded a BOT concession to a concessionaire, which in turn engaged an EPC contractor who contracted with the respondent to execute highway works. The respondent sub‑contracted the work to the appellant. A dispute arose and the appellant sought arbitration, alleging that the arbi…

The appellant, a contractor, entered into a contract with the State of Haryana to construct an office building, which contained an arbitration clause and a sub‑clause requiring the contractor to deposit a security of 7% of the claim amount before arbitration could commence. A dispute arose, the contractor filed a claim…

The dispute arose from a contract between Rajasthan Small Industries Corporation Ltd (RSIC) and M/s Ganesh Containers Movers Syndicate, which contained a clause appointing the Managing Director (MD) of RSIC or his nominee as the sole arbitrator. After several delays and changes of arbitrators, the MD acted as sole arbi…

The appellant, Indian Farmers Fertilizer Co‑operative Ltd., issued a tender for defoamers which was won by the respondent, Bhadra Products. After the respondent supplied the goods, a payment dispute arose and the parties went to arbitration. The sole arbitrator first decided the issue of limitation, holding the claim w…

The appellant and respondents entered into a Memorandum of Understanding containing an arbitration clause. Disputes arose over post‑dated cheques, two of which were dishonoured, and the appellant filed a money decree suit. The respondents moved to refer the matter to arbitration; the trial court dismissed the applicati…

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 parties entered into an agreement in 2003 and a dispute arose over the return of 3,648.80 grams of pure gold. The arbitrator awarded the claimant the gold or its value at Rs.740 per gram with interest, and also awarded costs and a loss amount. The claimant later filed an application under Section 33 of the Arbitrat…

The South Delhi Municipal Corporation (SDMC) entered into a 2011 agreement with SMS AAMW Tollways Private Ltd for toll tax collection, which included Clause 16 detailing a two‑stage dispute‑resolution mechanism: first to a Competent Officer and then an appeal to the Commissioner. After a loss of about Rs 80 crore due t…

The appellant, S.N. Prasad, had given a letter of guarantee for a loan but never signed the tripartite loan agreements that contained an arbitration clause. The lender, Monnet Finance Ltd., filed an application under Section 11 of the Arbitration and Conciliation Act, 1996, impleading the appellant in the arbitration. …

N. Radhakrishnan entered into a partnership with the respondents in 2003. A dispute arose when the respondents reconstituted the partnership after his alleged retirement, excluding him from the new deed, and he alleged fraud and misappropriation of funds. The respondents sued for a declaration that he was no longer a p…

Daiichi Sankyo Co. Ltd sought enforcement of a Singapore arbitral award of about INR 2,562 crore against 20 respondents, including Oscar Investments Ltd and the Singh brothers. The Supreme Court examined whether the Singh brothers (contemnors 9 and 10) had willfully violated multiple orders and undertakings of the Delh…

The corporate debtor, Seya Industries Ltd., and its investors, including Beacon Trusteeship Ltd., entered into a debenture arrangement which later gave rise to arbitration and a claim for payment. While arbitration was pending, the investors filed a petition under Section 7 of the Insolvency and Bankruptcy Code (IBC) i…

DLF Home Developers Ltd (DHDL) entered into share purchase agreements (SPAs) with Rajapura Homes Pvt Ltd and Southern Homes Pvt Ltd, and subsequently executed two Construction Management Service Agreements (RCMA and SCMA) to carry out post‑closing construction obligations. DHDL claimed that the respondents had unreason…

The Supreme Court, hearing Civil Appeal No. 1093 of 2006, examined whether it could entertain an application under Section 34 of the Arbitration and Conciliation Act, 1996 to make an arbitral award a rule of the Court when the Court itself had retained seisin over the arbitration proceedings. The award, rendered by a r…

The Union of India and Reliance Industries Ltd. entered into Production Sharing Contracts for the Tapti and Panna Mukta fields that contained an arbitration clause stipulating that disputes be resolved under UNCITRAL rules, with the seat in London and the arbitration agreement governed by English law. A dispute arose, …

The Supreme Court examined a dispute arising from a 1999 technology‑transfer agreement between the government‑run research institute ARCI and private firm Nimra Cerglass. Nimra alleged that ARCI made false representations about having a perfected extruded ceramic honeycomb technology, leading it to invest heavily and l…

Swan Gold Mining Ltd, an Australian company, entered into a contract with Hindustan Copper Ltd for the operation of a mine, agreeing that the successful bidder would be liable for taxes as per the Notice Inviting Tender (NIT) and subsequent Work Order. After completing work, the appellant sought reimbursement of excise…

IMS Learning Resources sued Young Achievers for trademark infringement, copyright violation and passing off. Young Achievers filed an interim application under Section 8 read with Section 5 of the Arbitration and Conciliation Act, 1996, invoking arbitration clauses in agreements dated 1 April 2007 and 1 April 2010. The…

The dispute arose between General Manager, East Coast Railway (appellant) and Hindustan Construction Co. Ltd. (respondent) over a contract dated 29 November 2018. The respondent filed a Section 9 application before the Additional District Judge, Visakhapatnam, seeking an injunction against the encashment of a performan…

The petitioner, a US citizen of Indian origin, invested $640,000 in a water‑park venture with the respondents based on agreements dated 7 June 2000, 29 January 2005 and a supplementary agreement of 2 February 2005, which contained an arbitration clause. A dispute arose over the transfer of 25 acres of land, share alloc…

The dispute arose from a subcontract between Sime Darby Engineering (Petitioner) and Engineers India Ltd (Respondent) for offshore fabrication work under an ONGC project. The parties' contract contained an arbitration clause that was silent on the number of arbitrators, and the Respondent relied on a policy stating tha…

Patel Engineering Ltd. challenged three arbitral awards dated 29‑03‑2016 concerning payment for extra lead under a contract with North Eastern Electric Power Corporation Ltd. (NEEPCO). NEEPCO filed applications under Section 34 of the Arbitration and Conciliation Act, 1996; the Additional Deputy Commissioner upheld the…

The appellant, M/s Oriental Structural Engineers Pvt. Ltd., was contracted by the State of Kerala to upgrade two highway stretches. The contract contained a clause (60.8) providing for interest on delayed payments, but the rate for local‑currency interest was left blank in the bid appendix. The arbitral tribunal awarde…

The petitioners, Sesh Nath Singh and others, challenged the National Company Law Tribunal's (NCLT) order admitting a Section 7 application by Baidyabati Sheoraphuli Co‑operative Bank to initiate corporate insolvency resolution against the corporate debtor. The issue was whether the three‑year limitation period for fili…

The dispute concerned the execution of a works contract which was referred to an arbitrator who awarded in favour of M/s Lion Engineering Consultants. The State of Madhya Pradesh challenged the award under Section 34 of the Arbitration and Conciliation Act, 1996 and sought to amend its objections after three years, whi…

The State of Bihar challenged the appointment of an arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996, arguing that the Bihar Public Works Contracts Arbitration Tribunal Act, 2008 excluded the Central Act for works contracts. The parties had a contract dated 22 June 2012 containing an arbitra…

The dealer, Deep Trading Co., entered into a kerosene dealership agreement with Indian Oil Corp. that required any dispute to be referred to a sole arbitrator appointed by the corporation’s Director (Marketing). After the corporation suspended supplies, the dealer sought an injunction and later demanded arbitration; th…

Percept D'Mark (India) Pvt. Ltd. entered into a three‑year promotion agreement with cricketer Zaheer Khan that contained a clause giving the company a right of first refusal on any third‑party endorsement offers, even after the contract expired. After the term ended, Khan signed a similar agreement with another firm. P…

The appellant contractor and respondent entered a development agreement for a wind‑farm project that contained an arbitration clause providing for a three‑member tribunal, each party appointing one arbitrator who would then select a presiding arbitrator. A dispute arose over payments; the respondent invoked arbitration…

The Punatsangchhu‑I Hydro‑electric Project contract between the Bhutan Hydro‑electric Authority and Larsen & Toubro contained an arbitration clause (Clause 67) that referred to the Indian Arbitration and Conciliation Act, 1996 in the absence of a Bhutanese arbitration law. After Bhutan enacted its Alternative Dispute R…

Sumitomo Corporation, Punjab Tractors Pvt. Ltd. and Swaraj Mazda Ltd. entered into a joint venture agreement that later gave rise to disputes over shareholding and management. The respondents filed a company petition before the Company Law Board (CLB) under Sections 397, 398 and 402 of the Companies Act, 1956 alleging …

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…

The Supreme Court examined whether the Board of Control for Cricket in India (BCCI) is a "State" under Article 12 and concluded that, although it is not, it performs public functions and is therefore amenable to writ jurisdiction under Article 226. The Court upheld the Probe Committee’s findings that Gurunath Meiyappan…

Bharat Sanchar Nigam Ltd (BSNL) invited a tender for cable supply and awarded the highest vendor rating (V‑1) to NICCO, while Telephone Cables Ltd (the respondent) received a lower rating and a small order. The respondent alleged arbitrariness in the rating, obtained a writ order directing BSNL to reassess the rating a…

The appellant's land was acquired under the National Highways Act, leading to an arbitral award on 25 July 2011. A regular first appeal was filed on 20 October 2011, but the High Court registry notified defects on 9 November 2011, which the appellant's counsel received only on 20 January 2012. Consequently, the appella…

The Central Warehousing Corporation (CWC), a statutory body, entered into a three‑year lease with M/s Sidhartha Tiles for storage space, which contained an arbitration clause (Clause 16). Disputes later arose over the renewal of the lease and the legality of revised storage charges, prompting CWC to invoke the Public P…

The appellants, Vaishno Devi Construction and others, claimed to be assignees of a decree holder (the late S.N. Kanungo) and sought execution of arbitration awards turned into decrees under Order XXI Rule 16 of the CPC. The dispute turned on whether the Explanation added to Order XXI Rule 16 by the 1976 Amendment Act, …

The dispute arose from a subcontract for a hydroelectric project where the appellant sought payment from respondent No.1 and invoked an arbitration clause. The appellant appointed an arbitrator, while respondent No.1 appointed Huddar, who declined to act. Respondent No.1 then appointed a substitute arbitrator under Sec…

Batliboi Environmental Engineers Ltd (BEEL) entered into a turnkey contract with Hindustan Petroleum Corporation Ltd (HPCL) to construct a sewage water reclamation plant. The project was delayed, work was 80% complete and BEEL abandoned it, later claiming damages for overheads, profit, idle machinery and other losses. …

The appellants borrowed money from the respondent, securing the loan with seven immovable properties. Their loan account was declared a non‑performing asset and the parties’ contract contained an arbitration clause, leading the respondent to initiate arbitration while also issuing notices under Section 13 of the SARFAE…

The dispute arose from an arbitral award dated 12 May 2004, which was sent to the respondent's counsel rather than to the respondent itself. The respondent filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, more than nine months after the award was received by counsel, claiming the time li…

The appellant, a developer, was ordered by the Bombay High Court to hand over eight flats and sixteen parking spaces to the plaintiff under a settlement agreement between the plaintiff and another respondent, even though the appellant had no direct contract with the plaintiff. The appellant challenged the High Court's …

The Supreme Court examined whether clause 7 of a Contractor's All Risk insurance policy constituted a valid arbitration clause. The clause stipulated that arbitration would apply only if the insurer admitted liability and a dispute arose over the quantum payable. The insurer, United India Insurance, had repudiated the …

The Delhi High Court entertained a suit for specific performance of an agreement dated 13‑9‑1988 and restrained the vendor from alienating the property. The vendor later sold the suit property to six companies (the appellants) who, in turn, sold it to Bhagwati Developers, all in violation of the injunction. The appella…

The petitioners, a joint‑venture of You One Engineering & Construction Co. Ltd., entered into a contract with the National Highways Authority of India (NHAI) that contained an arbitration clause providing for a three‑member tribunal. Each party would appoint one arbitrator and the two party‑appointed arbitrators would …

The Supreme Court considered several Special Leave Petitions and a writ petition challenging orders of various High Court Chief Justices or their nominees made under Section 11(6) of the Arbitration and Conciliation Act, 1996 to appoint or refuse to appoint an arbitrator. It held that such orders are administrative in …

The Supreme Court clarified the scope of the term "transfer" under the Land Acquisition Act, 1894, holding that it includes development and collaboration agreements and licences issued during the suspect period (27‑08‑2004 to 29‑01‑2010). It examined numerous applications concerning projects such as Green Heights, Godr…

The Supreme Court considered a dispute arising from a BOT concession agreement for the Bharatpur bypass road, where the contractor claimed entitlement to tolls and compensation for delay in the State's issuance of a traffic‑restriction notification and for the Bharatpur‑Deeg patch of road. The arbitral tribunal had awa…

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 …

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 …

The dispute concerned a partnership and ownership of a hotel property, where the respondents sought interim relief under Section 9 of the Arbitration and Conciliation Act, 1996, which was rejected by the Commercial Court. The respondents appealed that decision under Section 37 of the same Act. While hearing the appeal,…