FACTS M/s Jai Balaji Industries Ltd. (“Petitioner”), a company incorporated under the Companies Act, 1956, had placed several purchase orders upon Garuda Ispat Private Limited (“Respondent”) during 2016 for supply of steel materials. A dispute arose between the parties concerning quality of the material supplied and payments claimed by the Respondent. The Petitioner rejected material…
Brief Facts An agreement for sale of iron ore was executed on 12.02.2004 between M/s Tarini Prasad Mohanty (the mine owner/appellant) and M/s Sunflag Iron and Steel Company Limited (SISCO/respondent). Supplementary agreements were also entered into subsequently. Disputes arose between the parties, and in accordance with the arbitration clause, the matter was referred to a…
Computation of Limitation under Section 34(3) starts from disposal of Section 33 Application
- 2026-06-18
FACTS The Ministry of Shipping, Road Transport and Highways issued a preliminary notification dated 15.12.2009 under Section 3A(1) of the National Highways Act, 1956 for acquisition of land in Bellary District, which included land belonging to Respondent No. 1. By a declaration dated 14.12.2010 under Section 3D(2), the land vested in the Central Government free…
Background Maharashtra State Electricity Distribution Company Limited, a State owned electricity distribution utility, floated a tender on 11 August 2021 for civil and interior works relating to 134 CFC centres across Maharashtra. R. Z. Malpani, a partnership firm engaged in civil construction, participated in the tender process and submitted the required earnest money and security…
Brief Facts The appellants Nagaraj V. Mylandla and Sharada Mylandla are promoters and directors of Financial Software and Systems Private Limited. The respondents were PI Opportunities Fund I, Millenna FVCI Limited, NYLIM Jacob Ballas India (FVCI) III LLC, NYLIM Jacob Ballas India Fund III LLC, and other investor parties, collectively referred to as the Investors….
Background and Facts The Municipal Corporation of Greater Mumbai (MCGM) engaged R.V. Anderson Associates Ltd. for a World Bank-funded sewerage consultancy project. Following a dispute over outstanding dues, the Respondent invoked arbitration on August 9, 2005, and nominated its arbitrator. MCGM subsequently appointed Mr. Sharad Upasani as its nominee on October 7, 2005. The parties…
Factual Background On January 27, 2011, the Union of India and the North Central Railway Administration executed a turnkey contract with Larsen & Toubro Limited (L&T) to modernize the Jhansi Workshop for a negotiated value of Rs. 93,08,07,696. The parties set an original completion date of July 18, 2012, but the railway administration extended this…
Factual Background In ongoing arbitral proceedings between Viva Highways Ltd (appellant) and MPRDC (respondent), the High Court of Madhya Pradesh, relying on Mohan Lal Fatehpuria (2025 INSC 1409), terminated the existing arbitrator’s mandate and directed the parties to propose a new arbitrator. Viva Highways challenged this interim order before the Supreme Court. Issues Whether, upon…
High Courts Cannot Set Aside Arbitration Proceedings While Appointing a Substitute Arbitrator
- 2026-02-12
Factual Background The parties formed a partnership, “M/s Anmol Alliance,” to develop and construct an SRA project at Andheri (West), Mumbai. Disputes arose, leading to a Section 9 petition in which the High Court recorded consent terms on 09.07.2019 and appointed Hon’ble Mr. Justice J.N. Patel (former Chief Justice, Calcutta High Court) as sole arbitrator….
Introduction Arbitration is fundamentally a creature of consent. But what happens when the very document containing the consent, the arbitration agreement, is alleged to be a forgery? In the recent judgment of Rajia Begum v. Barnali Mukherjee, decided on February 2, 2026, the Supreme Court of India clarified the threshold for refusing arbitration when the…
Introduction In a significant ruling concerning the procedural nuances of the Arbitration and Conciliation Act, 1996 (the “A&C Act”), the Supreme Court of India has clarified the scope of Section 21 regarding the commencement of arbitral proceedings. The Court held that the failure to issue a formal notice under Section 21 is not fatal to…
Regenta Hotels Private Limited v. Hotel Grand Centre Point and Ors. Court – Supreme Court Citation – SLP (CIVIL) NO. 30212 OF 2024 Date – 07.01.2026 The Hon’ble Supreme Court has held that Arbitration proceedings commence from the date of receipt of invocation notice by the Respondent and not from the date of appointment of…
The Hon’ble Supreme Court has held that merely if a party has participated in the arbitral proceedings does not per se constitute a waiver of its right to object to an arbitrator’s eligibility. The waiver to object should be express and in writing. I. Factual Matrix The dispute originated from a License Agreement executed in…
The Hon’ble High Court of Calcutta in its Order dated 15th December 2025 in Rishi Chemical Works Pvt. Ltd. v. Enviro Cleanroom Projects Pvt. Ltd., AP-COM/828/2025, has held that a Court can grant a party relief under Section 9 of the Arbitration and Conciliation Act 1996 in spite of the Conciliation proceedings going on under MSME….
Existence of Dispute Under IBC-SC
- 2017-09-23
