Arbitration Can't Affect Consumer Forum Orders, Party Can Pursue Independent Claims: Delhi High Court

The Calcutta High Court has ruled that arbitration proceedings cannot affect orders passed by consumer forums, clarifying that developers can pursue independent contractual claims through arbitration even after consumers have chosen the statutory remedy."Nothing done in arbitration can affect an order of a consumer forum, which may be challenged or enforced only under the consumer legislation. Any award remains subject to Section 34 of the Act," Justice Gaurang Kanth observed.The court clarified...

Appellate Court Can Decide Grounds Unedecided By Lower Court Against Arbitral Award If On Record: Calcutta HC

The Calcutta High Court has recently held that an appellate court can examine grounds challenging an arbitral award that were raised before the lower court but left undecided, provided they are available on the arbitral record.A Division Bench of Justices Debangsu Basak and Aryak Dutt set aside the District Judge, Purba Medinipur's March 12, 2019 order quashing an arbitral award in favour of Friends Engineering Co-operative Society Limited and also set aside the award dated February 14,...

Supreme Court Quashes Cheating Case Against Ex-Darjeeling Organic Tea Estates CEO Over ₹40 Lakh Deal

The Supreme Court has quashed cheating proceedings against Indroneel Goho, who was serving as Chief Executive Officer of Darjeeling Organic Tea Estates Private Limited at the time of a transaction involving the Jamguri Tea Estate in Assam. The case arose from a ₹40 lakh agreement concerning the property.A Bench comprising Justice Vikram Nath and Justice Sandeep Mehta set aside the Gauhati High Court's order refusing to quash the criminal proceedings. The complaint alleged that Goho had falsely...

Unregistered Guarantee, Undertaking Cannot Protect Property From Attachment: Madras High Court In Sun TV's Plea

The Madras High Court has recently held that Sun TV Network Limited could not claim protection from attachment based on an unregistered guarantee and undertaking. The court dismissed its application to release properties attached in proceedings initiated by Marina Holdings against N. Ramasamy, proprietor of Sri Thenandal Films.Justice K. Kumaresh Babu observed that Section 64(2) of the Code of Civil Procedure, 1908, requires the relevant contract for transfer or delivery to be registered before...

Delhi High Court Refers Football Clubs' DSA Membership And Electoral Rights Disputes To Arbitrator

The Delhi High Court has referred disputes involving six football clubs over disciplinary action affecting their membership and electoral rights in the Delhi Soccer Association to a previously appointed sole arbitrator.Justice Om Prakash Shukla has asked the arbitrator to consider their requests for interim relief expeditiously, ahead of the association's elections on October 18, 2026.The court observed, “Considering that the elections are scheduled for 18.10.2026, the learned Arbitrator is...

SBI Officers' Association Member's Removal Dispute Not Arbitrable Under Bye-Laws: Madras High Court

The Madras High Court has ruled that the State Bank of India Officers' Association's bye-laws did not provide for arbitration of a dispute over the removal of a member from the Association's membership and elected post.Justice K. Kumaresh Babu dismissed an application filed by former Regional Secretary G. Ganapathy seeking to stay the Association's July 28, 2026 order removing him from its Executive Committee and primary membership pending arbitration.“When that being the interpretation, this...

Lawyer's Assumption That Judgment Was Postponed Cannot Justify IRCT's Delayed Appeal: Karnataka High Court

The Karnataka High Court has recently ruled that a lawyer's assumption that judgment would be postponed cannot justify a delayed appeal. The failure to check whether the judgment was subsequently delivered remained unexplained.Dismissing a commercial appeal filed by the Indian Railway Catering and Tourism Corporation (IRCTC) against Amulya Enterprises, the court refused to condone a 92-day delay in challenging a Commercial Court decree dated June 11, 2024.A Division Bench of Justice Anu...

Reproducing Substantial Portions Of Award While Deciding Challenge Not Non-Application Of Mind: Delhi High Court

The Delhi High Court has ruled that a judge's reproduction of substantial portions of an arbitral award while deciding a challenge to it does not, by itself, establish non-application of mind, provided the judge meaningfully examines the objections raised.“The distinction lies not in the extent of textual reproduction, but in the existence or absence of judicial engagement with the controversy. Consequently, the mere circumstance that substantial portions of an arbitral award have been...

Karnataka High Court Appoints Arbitrator In ₹2.53 Cr. Dispute Concerning Military Engineer Services

The Karnataka High Court on 8 October appointed retired District Judge Prabhavathi Hiremath as the sole arbitrator to resolve contractual disputes between Varsha Constructions and the Military Engineer Services over the construction of an Academic Block at the Air Force Technical College in Jalahalli, Bengaluru.A Single Judge Bench of Justice H.T. Narendra Prasad observed: “Having regard to the existence of the arbitration clause contained in the Construction Agreement, which provides for...

Arbitration Act Interim Relief Unavailable In Electricity Disputes When Commission Can Grant Similar Relief: Delhi High Court

The Delhi High Court has recently held that it cannot entertain a plea seeking interim relief in an electricity dispute when the State Electricity Regulatory Commission is empowered to grant similar relief under the Electricity Act, 2003. Justice Tushar Rao Gedela dismissed a petition filed by Enerica Infra 3 Private Limited seeking to restrain NTPC Vidyut Vyapar Nigam Limited and Uttar Pradesh Power Transmission Corporation Limited from encashing bank guarantees worth ₹52.20 crore. “It is...

Delhi High Court Denies SpiceJet More Time To Deposit ₹144.51 Crore Interest In Dispute With Kalanithi Maran

The Delhi High Court has recently refused to grant SpiceJet Limited more time until December 2026 to deposit ₹144.51 crore towards outstanding interest under an arbitral award in its dispute with Kalanithi Maran and Kal Airways,The Court rejected the airline's request to furnish title documents of its Gurugram property as security instead.Justice Vinod Kumar dismissed SpiceJet's application, observing that although the Gurugram property was now unencumbered, the airline's failure to deposit the...

'Or Otherwise' Clause In Contract Bars Arbitral Interest Awards Beyond Delayed Payments: Supreme Court

On 15 October, the Supreme Court held that the expression “or otherwise” in a contractual clause prohibiting interest claims extends the bar to all circumstances in which interest may be claimed against the contracting party, preventing an arbitral tribunal from awarding pre-reference and pendente lite interest. A Division Bench of Justices Aravind Kumar and Vipul M. Pancholi dismissed an appeal filed by Sharma Enterprises against National Building Construction Corporation Limited (NBCC),...