Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015

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…

The dispute arose between M/s Emkay Global Financial Services Ltd., a broker on the National Stock Exchange (NSE), and its client Giradhar Sondhi over securities transactions. An arbitration under NSE bye‑laws was held in Delhi, resulting in an award rejecting Sondhi’s claim. Sondhi filed a Section 34 application in th…

In a commercial suit, the plaintiff sought recovery of Rs. 6.94 crore. The defendant was served on 14 July 2017 but failed to file a written statement within the statutory 120‑day period. The trial court initially extended time to 15 December 2017 on condition of payment of costs, and later, despite the amendment to th…

The appellants sought to enforce a foreign arbitral award in Gujarat High Court, which ordered enforcement. They then challenged the order by filing an appeal under Section 13(1) of the Commercial Courts Act, arguing that an appeal was permissible even though Section 50 of the Arbitration and Conciliation Act, 1996 doe…