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Supreme Court

Supreme Court Upholds High Court's Decision on Impleadment in Admiralty Suit - Commercial Appellate Division's Order Setting Aside Addition of Gulf Petroleum FZC as Defendant Maintained. Maritime Claim for Mis-delivery of Cargo Under Section 4(1)(f) of Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017 Alleged by Bank as Bill of Lading Holder.

23 Sep 2022

The dispute arose from an Admiralty Suit filed by Banque Cantonale de Geneve (Respondent Bank) against the owners of the vessel M.V. Polaris Galaxy (A...

Supreme Court

Supreme Court Allows Withdrawal of Insolvency Application Before Committee of Creditors Constitution Based on Settlement. Section 12A of Insolvency and Bankruptcy Code, 2016 Permits Withdrawal by Applicant Before CoC Formation, and Inherent Powers Under Rule 11 of NCLT Rules, 2016 Can Be Exercised for Ends of Justice to Facilitate Settlement.

22 Sep 2022

The appeal arose from an interim order of the National Company Law Appellate Tribunal (NCLAT) in an insolvency matter. The appellant, an erstwhile dir...

Supreme Court

Supreme Court Allows Landowner's Appeal in Arbitration Dispute Over Development Agreement Validity. Clause 18 of Development Agreement Held as Valid Arbitration Agreement Under Section 7 of Arbitration and Conciliation Act, 1996, Reversing High Court's Dismissal of Section 11 Application.

7 Sep 2022

The dispute originated from a Development Agreement dated 29.05.2014 between the appellant landowner and respondent developer for construction of an a...

Supreme Court

Supreme Court Disposes of Appeal in Tender Disqualification Case Based on Consent Terms. Termination of Concession Agreement Not to be Treated as Disqualification for Future Tenders by Public Authorities, Given Appellant's Undertaking Not to Claim Rights in Specific Tenders and Pending Arbitration.

5 Sep 2022

The Supreme Court disposed of a civil appeal and a writ petition concerning the disqualification of Adani Ports and Special Economic Zone Limited from...

Supreme Court

Supreme Court Dismisses Appeal in Arbitration Case Upholding Arbitrator's Discretion on Post-Award Interest. The Court held that under Section 31(7)(b) of the Arbitration and Conciliation Act, 1996, the arbitrator has discretion to determine the quantum for post-award interest, and since the award specified interest only on the principal, the statutory default did not apply.

1 Sep 2022

The appeal arose from a judgment of the Delhi High Court dismissing an appeal under Section 37 of the Arbitration and Conciliation Act, 1996, which ch...

Supreme Court

Supreme Court Allows Appeal in Arbitration Appointment Case: Limitation Period Not Extended by IBC Moratorium for Corporate Debtor's Own Application. Section 60(6) of IBC does not exclude limitation period for corporate debtor to file Section 11(6) application under Arbitration Act.

6 May 2022

The Supreme Court considered an appeal by the New Delhi Municipal Council (NDMC) against an order of the Delhi High Court appointing an arbitrator und...

Supreme Court

Supreme Court Dismisses Appeal for Arbitrator Appointment as Stale Claim — Limitation for Section 11(6) Application Under Arbitration Act Runs from Accrual of Right to Claim, Not from Invocation of Arbitration Clause. Work Completed in 1985/1986; Legal Notice Invoking Arbitration Served in 2018; Application Under Section 11(6) of Arbitration and Conciliation Act, 1996 Filed in 2019 Held Barred by Limitation Under Article 137 of Limitation Act, 1963.

21 Apr 2022

The appellant, Vishram Varu & Co., was issued work orders in 1982 and 1984 by the South Eastern Railway, and the work was completed by 1986. The appel...

Supreme Court

Supreme Court Quashes High Court Orders in Arbitration Appeal for Exceeding Jurisdiction Under Section 37 of Arbitration and Conciliation Act, 1996. High Court Cannot Supervise Criminal Investigation in Section 37 Proceedings.

21 Apr 2022

The Supreme Court allowed appeals against three interim orders of the Rajasthan High Court passed in an appeal under Section 37 of the Arbitration and...

Supreme Court

Supreme Court Allows Appeal in Arbitration Award Challenge Due to Improper Delay Condonation and Inadequate Merits Examination. The Court Held That Short Delay in Filing Objections Under Section 34 of Arbitration and Conciliation Act, 1996 Should Have Been Condoned and Remanded for Fresh Consideration on Merits Including Limitation Issues.

30 Mar 2022

The dispute arose from a construction contract dated 6 July 1998 between Haryana Urban Development Authority, Karnal, and M/s. Mehta Construction Comp...

Supreme Court

Supreme Court Allows Appeal in Arbitration Case — Directs Arbitral Tribunal to Reconsider Interim Deposit Order in Light of Force Majeure Clause. Court holds that while passing interim measures under Section 17 of the Arbitration and Conciliation Act, 1996, the Arbitral Tribunal must consider the force majeure clause and the bonafide dispute raised by the lessee, and cannot direct deposit of 100% rental amount without prima facie evaluating the applicability of such clause.

28 Mar 2022

The dispute arose from two lease agreements between Evergreen Land Mark Pvt. Ltd. (appellant-lessee) and John Tinson & Company Pvt. Ltd. & Anr. (respo...

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