Commercial Disputes

10 bonus marks for staying in your district? The court said no.

The Rajasthan High Court struck down 10 bonus marks for teachers who opted for their current district, ruling the condition violated both statutory rules and constitutional guarantees against residence-based discrimination.

5 min read

22 categories. One wrong box. Your case loses two years.

The Commercial Courts Act lists twenty-two exhaustive categories of disputes — pick the wrong one and your fast-track suit lands on the ordinary side, losing months.

4 min read

8 days late, but Supreme Court says: condone it

HUDA filed objections to an arbitration award eight days after the deadline. The lower courts threw it out. The Supreme Court just sent it back for a fresh hearing.

5 min read

8 days late: SC says courts can't kill arbitration objections over small delays

HUDA's objections to a Rs 1.19 crore arbitration award were dismissed as time-barred despite being only 8 days late. The Supreme Court says courts must condone short delays if there's a reasonable explanation.

8 min read

83 investors demanded their money back. The tribunal told the builder to settle. The Supreme Court said — no.

The NCLT kept adjourning an insolvency case to let the builder pay off investors. Only 13 of 83 had settled. The court tossed the order, ruling tribunals can't force settlements—they must either admit or reject.

7 min read

A 16-year-old arbitration was frozen because the judges worked for one side

The Supreme Court scrapped a government-officer panel that had been hearing a paper supply dispute since 2001, saying the 2015 amendment made them ineligible — even though the case started before the law changed.

6 min read

A 1993 contract, a state's own officers as judges — then a 2015 law changed everything

The Supreme Court ruled that an arbitration panel made up of government employees automatically lost its mandate under a 2015 amendment, even though the arbitration started years earlier. A retired judge now steps in.

4 min read

A 2019 deed was signed after the 2011 death. The court said: arbitrate.

The Supreme Court held that a dispute over a conveyance deed executed years after the husband's death is covered by arbitration clauses in agreements from 2007 and 2008.

6 min read

A clause called 'Arbitration' that isn't arbitration

The Supreme Court ruled that a contract clause titled 'Settlement of Disputes/Arbitration' did not actually provide for arbitration—it was just an internal company mechanism. A road contractor lost its arbitrator appointment.

5 min read

A clause titled 'Arbitration' that isn't arbitration

The Supreme Court ruled that a contract clause labeled 'Settlement of Disputes/Arbitration' was not an arbitration agreement—because it only set up internal talks and told the contractor to go to court.

5 min read

A company didn't sign the contract. The court still said it must face arbitration.

ONGC paid ₹55 crore in customs duty expecting reimbursement. The contractor's vessel fled Indian waters. But the parent company that never signed the deal argued it can't be dragged to arbitration. The Supreme Court disagreed.

6 min read

A company signed an arbitration deal. Can its sister firms be dragged in too?

The Supreme Court said yes—if the group's mutual intention to bind everyone is clear. Here's how the 'group of companies' doctrine works.

5 min read

A company that never borrowed money was forced to pay lenders. Here's why.

RITL signed a deed pledging assets for loans taken by its sister companies. When the assets fell short, a clause said it must cover the gap. The Supreme Court called that a guarantee.

7 min read

A company that never signed an arbitration agreement was forced to pay $7 million. The Supreme Court said — that's fine.

The court ruled that non-signatories cannot use Section 48(1)(a) to resist enforcement of a foreign award. Their only hope? A narrow public policy exception.

6 min read

A company tried to bypass a 75% pre-deposit by filing a writ. The Supreme Court said no.

India Glycols challenged a Rs 40 lakh award via writ instead of arbitration appeal. The court ruled that circumventing the pre-deposit defeats the MSMED Act's purpose.

7 min read

A company withdrew its claim before an arbitrator. Then the Supreme Court said: you can bring it back.

After conflicting court orders, the Supreme Court allowed Premier Sea Foods to revive its counter claim, even though it had withdrawn it earlier without permission to refile.

5 min read

A contract clause missing 'final and binding' — still valid arbitration?

The Supreme Court says yes, because the parties clearly intended to resolve disputes through arbitration, even if the clause lacked magic words.

6 min read

A contract in the President's name doesn't shield the government from arbitration law, says SC

The Supreme Court held that Article 299 of the Constitution only prescribes formalities, not immunity from statutory conditions like Section 12(5) of the Arbitration Act.

6 min read

A contradictory fact was admitted. The court didn't ignore it.

The Supreme Court said: when a fact admitted under Section 9 contradicts the main story, the judge must weigh everything together—not pick one side.

6 min read

A court heard a case for 11 days. Then an arbitrator was appointed. Can the judge still pass orders?

The Supreme Court settles a procedural tangle: once a judge has 'entertained' an interim relief plea before the tribunal is formed, the bar under Section 9(3) does not apply.

5 min read

A criminal writ petition gave every NCLT advocate free Wi-Fi.

A Supreme Court order on a criminal writ petition forced the NCLT to roll out free Wi-Fi at all 16 benches, but the network is still in test mode and practitioners have a narrow window to shape the final standard operating procedure.

5 min read

A Kolkata arbitration clause didn't give Kolkata court power

A property deal in Bihar said arbitration sittings in Kolkata. When a party sought an arbitrator in Calcutta High Court, the Supreme Court said: venue is not seat.

6 min read

A metro line had cracks in its pillars. The company walked away. The court said: that's fine.

The Supreme Court restored a Rs. 2,782 crore arbitration award, ruling that judges cannot second-guess an arbitrator's reading of a contract—even if they'd read it differently.

5 min read

A newspaper company's brand names were at stake. The court said: you can use them, but you don't own them.

A resolution plan approved by 81% creditors gave perpetual exclusive right to 'use' trademarks. The NCLT later declared ownership—but the Supreme Court said that was a no-go.

6 min read

A power company won ₹26 crore in arbitration. The state tried to kill the award. Here's what the Supreme Court did.

The state said the contract was terminated because the company didn't get clearances in time. The company said: you pulled the plug too early. The arbitrator agreed — but then the High Court wiped out the entire award.

10 min read

A pre-2015 arbitrator can still be disqualified. The Court just proved it.

The Supreme Court delivered 500 civil judgments in 2022 that rewrote the rules on arbitration, government contracts, and interim relief—and for anyone doing business in India, the stakes have never been higher.

5 min read

A resolution plan said 'use' the trademark. The court said 'own' it. Who wins?

The Supreme Court ruled that an insolvency tribunal can't expand a CoC-approved plan. A plan granting perpetual use of 'Deccan Chronicle' trademarks couldn't be turned into an ownership declaration.

6 min read

A signed award vs an unsigned draft: SC sets the clock for arbitration challenges

The Supreme Court ruled that the limitation period for challenging an arbitral award starts only when a signed copy is delivered, not when an unsigned draft is circulated—saving a PSU's challenge from being time-barred.

5 min read

A time-barred debt died in 2015. One signed OTS letter revived it.

A written, signed promise to pay a time-barred debt creates a fresh three-year limitation period under Section 25(3) of the Indian Contract Act, and the Supreme Court has now applied this principle to IBC Section 7 petitions.

6 min read

A typo in the door number. A 4-day delay. The Supreme Court saved the auction.

A harmless typo in a door number and a four-day payment delay nearly collapsed a Rs.64 lakh SARFAESI auction, but the Supreme Court ruled that substance trumps form and procedural hiccups do not undo valid sales.

5 min read

A US couple ran an Indian business. The Supreme Court just decided where they can fight

When a husband and wife—both US nationals—became Amway distributors through a sole proprietorship in India, a dispute over account downgrading raised a jurisdictional puzzle: is this an international arbitration or a domestic one?

6 min read

A US couple ran an Indian business. Which court can appoint the arbitrator?

The Supreme Court says a sole proprietorship is legally identical to its owner. So when the owners are US nationals, the arbitration is international—and only the Supreme Court can appoint the arbitrator.

6 min read

A WhatsApp message and a meeting note sank a company's defence.

A WhatsApp acknowledgment and a meeting note turned a quality defence into a manufactured dispute, reminding practitioners that the IBC rewards contemporaneous evidence over afterthought allegations.

5 min read

An advocate is not your subordinate? The Supreme Court says yes, functionally.

The Supreme Court ruled that an advocate appointed as commissioner under Section 14(1A) is functionally subordinate to the magistrate, overturning the Bombay High Court's narrow interpretation that threatened thousands of bank recovery orders.

8 min read

An IBC petition was filed. Then an arbitration plea. Which one wins?

The Supreme Court says it depends on whether the insolvency petition has been 'admitted' yet — and that changes everything about when a dispute can go to arbitration.

5 min read

Arbitrator can't ignore contract terms even without Evidence Act

Delhi High Court says while arbitrators can set their own procedure, they must still follow the contract and natural justice.

6 min read

Arbitrator didn't write issue-wise reasons. Court still upheld the award.

A Calcutta High Court ruling shows that an arbitral award survives Section 34 challenge even without issue-wise reasoning, but compensation claims without proof of actual loss are perverse and liable to be set aside.

4 min read

Arbitrator ignored contract terms. Supreme Court says: that's 'patent illegality'.

A state had to pay back supervision charges because the arbitrator decided against the written agreement. The top court just drew a hard line.

4 min read

Arbitrator ignored contract terms, Supreme Court slashes Rs 1.49 crore refund

A 12-year seed supply deal led to arbitration after termination. The arbitrator ordered a refund of 'supervision charges' that the contract explicitly allowed. The Supreme Court called it patent illegality.

6 min read

Arbitrators Can't Decide Without Any Evidence, Says High Court

Calcutta High Court sets aside arbitration award because no oral or documentary evidence was presented, calling it a violation of natural justice.

9 min read

Arbitrator's 'impossible' reading of contract gets award axed

The Supreme Court said an award is 'patently illegal' if no reasonable person would interpret the contract that way. But it also clarified that a court's mere mention of old case law doesn't automatically make its decision wrong.

4 min read

Arbitrators set their own fees. The Supreme Court said no — and fixed the ceiling.

The Supreme Court settled four questions about arbitrator fees, rejecting unilateral fixation and capping per-arbitrator remuneration at Rs 30 lakh under the Fourth Schedule.

7 min read

Banks called him a fraud without a hearing. The Supreme Court said no.

The Supreme Court read natural justice into the RBI's fraud classification process, forcing banks to hear borrowers before imposing a label that triggers debarment and criminal complaints.

5 min read

Can a buyer hit back with counter-claims in MSME arbitration? SC says yes

Supreme Court settles two key issues: limitation period applies to MSMED arbitrations, and buyers can raise counter-claims. But registration under the Act works only from the date of filing.

6 min read

Can a company be forced into arbitration without signing the contract?

ONGC lost Rs.63 crore because a vessel operator's group affiliate claimed it wasn't bound by the arbitration clause. The Supreme Court just reopened the case.

6 min read

Can a junior civil judge hear arbitration cases? Supreme Court says yes

Odisha designated Civil Judges (Senior Division) as commercial courts. Companies argued only a District Judge could handle arbitration. The Supreme Court disagreed—here's why the Commercial Courts Act overrides the Arbitration Act.

8 min read

Can a Kolkata court appoint an arbitrator for a Bihar property dispute?

The Supreme Court says no—even if both parties agree, a court without territorial jurisdiction cannot appoint an arbitrator. A clause saying 'sittings in Kolkata' didn't make it the seat.

6 min read

Can arbitrators get more time after the deadline has already passed? SC says yes.

High Courts were split: some said no extension once the clock ran out, others said yes. The Supreme Court settles the debate with a reading that keeps arbitration alive.

7 min read

Can you ask for more time after the deadline has passed? SC says yes

An arbitration case was almost dead because the extension application was filed after the mandate expired. The Supreme Court revived it, ruling that the timing of the application doesn't matter.

7 min read

Can you extend an arbitration deadline after it's already passed? Supreme Court says yes.

The Court ruled that an application to extend the time for an arbitral award can be filed even after the 12-month or 18-month deadline has expired, rejecting a narrow reading that would force parties into fresh litigation.

6 min read

Clause 29 said force majeure. The tribunal ignored it. The Supreme Court didn't.

An arbitral tribunal cannot order deposit of disputed amounts under Section 17 without addressing the defence raised, the Supreme Court held in a lease dispute over pandemic lockdowns.

5 min read

Company settled with its creditor. NCLT said no. Supreme Court said —

A fruit beverage company owed Rs 1.31 crore. It settled for Rs 95 lakh and paid within a week. But the NCLT blocked the withdrawal because 35 other creditors had filed claims. The Supreme Court reversed.

6 min read

Court says no: judges can't rewrite a contract just because they disagree with the arbitrator

The Supreme Court restored a ₹100+ crore arbitral award for HCC, ruling that the Delhi High Court overstepped by substituting its own interpretation of a road-building contract.

5 min read

Court says no: NCLT can't turn 'use' into 'own' in insolvency plan

A resolution plan gave a newspaper perpetual rights to use its brand names. The tribunal later declared ownership—but the Supreme Court said that's rewriting the deal.

4 min read

Court was closed, but the clock wasn't. The Supreme Court explains why.

A cooperative sugar factory filed its arbitration challenge the day the court reopened, nine days after the grace period expired, and the Supreme Court held that court closure during the condonable period does not extend the deadline.

6 min read

Cure period in loan contract? It won't save you from CIRP.

The NCLAT holds that the NPA classification date, not a contractual cure period, determines default under the IBC, closing a Section 10A loophole for corporate debtors

5 min read

Customs can assess, but can't sell: Supreme Court shields liquidation estate.

The Supreme Court held that customs authorities can assess duty but cannot sell or confiscate goods during an IBC moratorium, forcing them to file claims as operational creditors under Section 53

5 min read

Debt was time-barred. A signed letter revived it. NCLAT missed this.

The Supreme Court draws a sharp line between a mere acknowledgment and a promise to pay a time-barred debt, giving creditors a fresh three-year window to file for insolvency.

6 min read

DRT certificate in hand. Winding up filed. Bank didn't have to choose.

A secured creditor can file a winding up petition without relinquishing its security, even after obtaining a DRT recovery certificate, the Supreme Court has held.

6 min read

Fake BBC contract, siphoned millions: Singapore award upheld in India

HSBC won $60M in Singapore arbitration after Avitel faked a BBC deal. Avitel cried bias to block enforcement. Supreme Court said: public policy defence is razor-thin for foreign awards.

4 min read

Family feud over media shares: Who decides if an old deal is dead?

Brother invoked a 1996 MoU's arbitration clause. Sister said a later agreement killed it. The Supreme Court said: that's for the arbitrator, not the judge, to figure out.

5 min read

Farmer refused to accept award by post. Then challenged it 185 days late. Court said: too late.

The Supreme Court ruled that the 30-day grace period under arbitration law is absolute — even if you claim you never got the award because you refused delivery.

5 min read

Forged invoices? NCLAT says that's exactly why CIRP must stop.

When a corporate debtor denies debt as forged, the NCLAT says the NCLT cannot ignore that dispute and must not admit a Section 9 application.

6 min read

Gas supplier locked out by sick company law — can insolvency clock be paused?

Sabarmati Gas couldn't sue Shah Alloys for unpaid ₹4.71 crore because BIFR had declared the buyer 'sick'. When IBC finally opened the door, NCLT said: too late. The Supreme Court now decides if the waiting period counts as 'sufficient cause'.

6 min read

Glock vs India: President's signature can't bypass arbitration law

The Supreme Court ruled that a contract signed in the President's name doesn't immunise the government from rules against biased arbitrators. A foreign arms maker got a retired judge appointed.

4 min read

Glock wins right to independent arbitrator in ₹9.64 crore dispute with MHA

Supreme Court rules that a contract signed in the President's name does not shield the government from arbitration law that bars its own employees from acting as arbitrators.

6 min read

Government bureaucracy is not 'sufficient cause' for a 118-day delay.

A government-owned company lost its arbitration appeal because it blamed 118 days of delay on internal bureaucracy, and the Delhi High Court held that even PSUs must file within the 60-day limit or provide a day-by-day explanation.

5 min read

Government contract can't bypass arbitration law, Supreme Court rules

A clause allowing a government officer to appoint another government officer as sole arbitrator was struck down as invalid, even though the contract was signed in the President's name.

6 min read

Government loses Rs 2.12 crore arbitration award because it filed challenge one day late

The Supreme Court rejected West Bengal's appeal, holding that the benefit of filing on the next working day applies only to the three-month limitation period, not the 30-day grace period.

5 min read

Government lost a ₹40 lakh arbitration award — 337 days of delay still killed its appeal.

The Supreme Court held that bureaucratic red tape does not constitute sufficient cause under Section 5, even after the 120-day cap on Section 37 appeals was overruled.

6 min read

Government officer can't be arbitrator in own dept's case: SC

A serving Principal Secretary was appointed as arbitrator for a dispute involving his own government agency. The Supreme Court said that's a no-go—and replaced the entire tribunal after 4 years of no award.

6 min read

Govt blames 'files moving' for 337-day delay. Supreme Court says: not good enough.

Uttar Pradesh was late by nearly a year in challenging an arbitration award. The Court rejected the standard bureaucratic excuse and held the government to the same limitation rules as everyone else.

6 min read

Govt can't appoint its own employee as sole arbitrator, Supreme Court rules

A clause in a defence contract allowed the Home Secretary to pick a law officer as sole arbitrator. The court said that's illegal under the Arbitration Act.

6 min read

Haryana government can pick its own arbitrator, even a former employee, says Supreme Court

An arbitration body appointed an arbitrator on behalf of the state without waiting for the state to nominate its own. The Supreme Court says that's illegal.

4 min read

He admitted the deal, took the money, then vanished — and still lost under Section 34.

A party that appears before an arbitrator, admits the agreement and payments, and then walks away cannot use Section 34 to fight facts it chose to ignore.

6 min read

He locked out his father. The Supreme Court still let him off.

A consent order for joint management seemed ironclad until a father's non-cooperation forced his sons to seek help from a statutory forum that the Supreme Court refused to override.

5 min read

He paid 80% of the OTS. The Supreme Court still said: no extension.

A borrower who paid 80% of a one-time settlement lost the entire benefit because the Supreme Court ruled no High Court can extend a contract under Article 226.

5 min read

He said he was never notified of the arbitration case. But his lawyer had already appeared.

The Supreme Court dismissed a partner's appeal challenging an arbitrator's appointment, noting he participated in proceedings through his advocate and suppressed that fact.

5 min read

He signed a full-settlement voucher. Then he said it was under duress.

The Supreme Court says signing a discharge voucher doesn't automatically kill your right to arbitration — if you can prove coercion.

5 min read

He sold extra flats. The owner cried cheat. But the Supreme Court said —

A builder sold 13 flats when the deal allowed only 9. The owner filed a criminal case. But the Court found no dishonest intent — because the dispute was already in arbitration.

5 min read

He withdrew a petition, then filed again. Can he?

The Supreme Court says Order 23 Rule 1 CPC doesn't bar a second arbitrator appointment plea—because it's not a 'suit' or 'claim'.

6 min read

He withdrew an arbitration plea, then filed again. The Supreme Court says: not barred.

Order 23 Rule 1 CPC blocks fresh suits after unconditional withdrawal. But an arbitration appointment application is not a suit. The Court explains the difference.

5 min read

High Court called port 'trustworthy', gave lighter stay. SC says: no special treatment.

The Supreme Court ruled that government entities cannot get easier stay conditions just because they're not 'fly-by-night operators' — the Arbitration Act treats everyone equally.

6 min read

Highest railway bridge builder denied tax refund. Supreme Court says — too late to reinterpret contract.

An arbitrator rejected Rs 1.37 crore in tax claims. The High Court rewrote the contract to allow them. The Supreme Court just restored the original award.

4 min read

Highway dispute: Court says no to second-guessing arbitrators on technical contract terms

Supreme Court restores arbitral awards after Delhi High Court substituted its own interpretation of measurement clauses for embankment construction, ruling that courts cannot act as appellate forums under arbitration law.

4 min read

Insurer sat silent for two years. Supreme Court still reversed the payout.

The Supreme Court held that an insurer's delay in repudiating a claim is not enough to prove deficiency of service when the insured's evidence is contradictory and doubtful.

5 min read

Jet Airways revival hits turbulence: Supreme Court bars bank guarantee adjustment

The court ruled that a Rs 150 crore performance guarantee cannot be used to pay the purchase price, calling it a security, not cash.

5 min read

Judge said it in court. The clock started. You still lost.

When an NCLT judge pronounces an order in open court, the 30-day appeal clock starts ticking that moment — not when the order appears online or the certified copy arrives.

5 min read

Kolkata was just a venue, not the seat: SC sets aside arbitrator appointment

A developer and landowner agreed to arbitration 'sittings' in Kolkata. But the Supreme Court ruled that doesn't make Kolkata the seat—and a High Court that lacked jurisdiction can't appoint an arbitrator, even by consent.

5 min read

Mamaearth's distributor got a Dubai decree. Honasa fought back with Section 9 and won.

When a Dubai decree threatened to kill an arbitration clause, the Delhi High Court used Section 9 to block enforcement and protect the parties' contractual forum.

6 min read

Milk union's chairman can't be arbitrator, Supreme Court rules

A cooperative society's contract said disputes go to the chairman. The Supreme Court said that's invalid—the chairman is too close to the dispute to be neutral.

5 min read

Mob trashed his resort. Insurer said it was his fault. Supreme Court disagreed.

When a mob chased criminals into a resort and destroyed property, the insurer blamed the owner — but the Supreme Court said the exclusion clause required proof of the insured's own malicious act.

5 min read

NDMC loses arbitration battle as SC clarifies IBC moratorium period exclusion

The Supreme Court held that the entire moratorium period under IBC must be excluded from limitation computation even for suits filed by the corporate debtor, not just against it.

5 min read

NHAI can file counter claim without separate conciliation, says SC

The Supreme Court held that a counter claim arising from the same dispute already referred to arbitration need not go through pre-arbitral conciliation again.

5 min read

NHAI can file counterclaim in arbitration without separate conciliation: SC

Supreme Court says requiring pre-arbitral conciliation for a counterclaim that arises from the same dispute as the main claim would be an 'exercise in futility'.

7 min read

NHAI's counterclaim allowed without fresh conciliation

Supreme Court says once a dispute is notified, both sides' claims are part of it; no need to repeat pre-arbitration steps for a counterclaim.

6 min read

No written arbitration agreement. High Court still jumped in. Supreme Court said no.

The Supreme Court holds that a High Court cannot terminate an arbitrator's mandate under Section 11(6) when the parties had no written arbitration agreement and the exclusive remedy lies under Section 14(2) before the District Court.

6 min read

No written arbitration agreement? No Section 11(6) petition, says SC

Supreme Court clarifies that Section 11(6) of the Arbitration Act applies only when parties have a written agreement with a prescribed appointment procedure. For mutually appointed arbitrators, the remedy lies elsewhere.

6 min read

Old document copies lose a key legal shortcut

A 30-year-old copy won't get the same presumption as an original. The Supreme Court explains why Section 90 doesn't apply to secondary evidence.

6 min read

Old document copy? No presumption for you, says Court

Privy Council rules that Section 90's presumption of authenticity applies only to originals, not copies—even if the original is lost.

6 min read

One blanket approval from NCLT covers all future litigation for a liquidator.

The NCLAT has ruled that a liquidator's single blanket approval from the tribunal covers all future litigation, including a writ against a tax reassessment, without the need for fresh prior approval each time.

5 min read

Order dated May 17, uploaded May 30. Limitation starts May 30.

When the NCLT uploads an order days after hearing but backdates it to the hearing date, limitation under the IBC runs from upload, not the date on the order.

4 min read

Pandemic pause saved this arbitration from dying

The Gujarat HC said the arbitrator's mandate expired years ago. The SC said: you forgot to subtract 23 months of COVID.

4 min read

Paper supplier fights state-run arbitration panel — and wins

A 1993 supply contract led to a dispute that dragged on for decades. The Supreme Court just threw out the state's own employees as arbitrators, calling them ineligible under a 2015 law.

5 min read

Partner claims no notice of arbitration petition. Supreme Court says: your lawyer was there.

A retiring partner invoked arbitration. The other side said they were never served. But their own advocate had already appeared before the arbitrator. The Supreme Court called their bluff.

4 min read

Partner fought arbitration, but his lawyer showed up anyway

The Supreme Court said a partner who claimed he wasn't served notice had already appeared before the arbitrator through his advocate. The court dismissed his challenge.

7 min read

Partner skipped arbitration notice, then argued he wasn't served — Supreme Court wasn't buying it

A retired partner invoked arbitration. The other side claimed no notice. But their own lawyer had already appeared before the arbitrator.

5 min read

Port Authority Denied Special Treatment in Arbitration Stay

Supreme Court says government entities cannot get easier stay conditions on arbitral awards, overturns High Court's 'not a fly-by operator' reasoning.

6 min read

Power Grid refused to nominate an arbitrator. It still lost the challenge.

A party that refuses to nominate its arbitrator cannot later challenge the resulting sole appointment as unilateral, the Delhi High Court signals, as it lets the arbitration run while reserving judgment on the Perkins issue.

7 min read

Promoter's MSME status can be proved after insolvency begins

Supreme Court overrules NCLAT, says the cut-off date for MSME exemption is when the resolution plan is submitted, not when CIRP starts.

9 min read

Registrar can't kill your IBC petition. Only the adjudicating authority can.

A Karnataka High Court division bench rules that an NCLT registrar cannot decide the maintainability of a Section 95 petition, reserving that power for the adjudicating authority after a resolution professional's report.

6 min read

Resigning won't save you from a 5-year debarment: Supreme Court.

The Supreme Court holds that statutory auditors cannot escape fraud proceedings under Section 140(5) by resigning, closing a loophole that threatened to gut the debarment mechanism.

5 min read

Retired partner dragged back to arbitration — court says 'let tribunal decide'

Supreme Court refuses to halt arbitration despite claims of no valid agreement and improper notice, leaving all disputes for the arbitrator.

5 min read

Rs. 278 crore power deal: When can a court overturn an arbitrator's award?

Supreme Court restores arbitration award for Reliance Infrastructure after High Court slashed it by re-examining evidence — ruling on the razor-thin line between 'error' and 'patent illegality'.

5 min read

SC: Insolvency case can be withdrawn even before creditors' committee formed

A beverage company settled its debt within days of insolvency admission. The NCLT blocked the withdrawal, but the Supreme Court said no—the settlement cannot be stifled.

4 min read

SC: NCLT can't force settlement in insolvency cases

Tribunal kept adjourning case to let builder settle with investors. Supreme Court says law gives only two options: admit or reject.

6 min read

SC overturns its own order, calls arbitral award 'patently illegal'

In a rare curative win, the Supreme Court set aside its earlier judgment that had restored a Rs 2,782 crore arbitration award to Reliance's DAMEPL, ruling the tribunal's interpretation was so flawed it caused 'grave miscarriage of justice.'

6 min read

SEBI can't hide its own report from the person it's investigating

The Supreme Court says the regulator must share the investigation report that forms the basis of its show-cause notice — even if SEBI claims it didn't rely on it.

6 min read

SEBI hid expert reports for 2 years. SC says: hand them over.

Reliance challenged SEBI's criminal complaint as time-barred. But the real fight was over three documents SEBI refused to share—until the Supreme Court stepped in.

4 min read

SEBI loses appeal as SC says its jurisdiction is limited to questions of law

The Supreme Court dismissed SEBI's appeal against SAT's order reversing findings of stock manipulation, holding that the Tribunal's factual inferences don't raise legal questions under Section 15Z.

6 min read

SEBI must share secret reports it used to file criminal case, Supreme Court tells regulator

The court said a quasi-judicial body cannot cherry-pick documents — disclose inculpatory bits but hide exculpatory ones — and must play fair even before a trial begins.

6 min read

SEBI's Adani probe was thorough. The Supreme Court just said it.

Petitioners wanted a CBI probe into the Adani Group. The Court said no — but left a door open for SEBI to finish its work.

6 min read

Settled in two days, fought for sixteen months — and won.

A quick settlement before the Committee of Creditors was formed should have ended the insolvency case, but the NCLT's rejection of Regulation 30A triggered a sixteen-month legal ordeal that reached the Supreme Court

9 min read

She had a $375,000 claim. Her case was tossed for filing under the wrong rule.

A Korean company that was owed $375,000 had its interim relief petition dismissed not on the merits but because it filed under the wrong rule, and the same trap awaits every Section 9 applicant in Madhya Pradesh.

4 min read

She sought a RERA refund. The NCLAT said she gave up her flat.

Seeking a refund from RERA and accepting partial payment can legally cancel your allotment, leaving you with less than other homebuyers in the builder's insolvency.

5 min read

She won the case. Then came the real fight: proving every rupee she spent.

Winning a decree is only half the battle; recovering actual litigation costs demands a separate evidentiary war fought with receipts, invoices, and a timely bill of costs.

7 min read

Signed a PPA at a fixed tariff? A 2013 amendment won't rewrite it.

A wind generator signed a fixed 25-year PPA at Rs 2.64 per unit, then sought revision under a later regulation — the Supreme Court held the contract binds unless the amendment says otherwise.

6 min read

State changed the rules after you signed the PPA. You still get paid.

When a State instrumentality issues an order after the PPA's cut-off date that raises costs, the Supreme Court says the generator must be made whole — and the DISCOM pays 9% interest if it delays.

5 min read

Supertech lost 16 projects. The suspended director still controls none.

The NCLAT invoked the public trust doctrine to hand all 16 stalled Supertech projects to NBCC, rejecting the suspended director's bid for private co-developers and barring any cost escalation for homebuyers.

6 min read

Supreme Court: Courts cannot modify arbitral awards, only set them aside

A government contractor won 18% interest from an arbitrator. The High Court cut it to 9%. The Supreme Court just reversed that — and laid down a key rule.

4 min read

Supreme Court halts full insolvency of Supertech to protect homebuyers

NCLAT had restricted creditors' committee to one project. Lenders challenged it. The top court refused to disturb the arrangement—for now.

5 min read

Supreme Court limits interest on arbitration awards when parties have a contract

A metro company wanted post-award interest on the total sum including pre-award interest. But the Court said: the parties' own agreement overrides the tribunal's discretion.

8 min read

Supreme Court reverses its own verdict, restores High Court order in Rs 2782 crore arbitration

In a rare curative petition, the CJI-led bench held that ignoring a statutory safety certificate made the arbitral award patently illegal, setting aside its earlier judgment.

5 min read

Tata Sons gets arbitration revived after 2019 amendment saves time limit

A Supreme Court ruling says the 12-month deadline for international arbitration awards is not mandatory, reviving a stalled case against Siva Industries.

6 min read

The 22-category test that decides whether your case lives or dies in commercial court.

A micro-brewery, a supervisor's canteen, and a corporate guarantee all turned on one question: does your dispute fit the 22 categories under Section 2(1)(c) of the Commercial Courts Act?

5 min read

The 3-factor test K-RERA uses to grant Section 7(3) extensions.

K-RERA granted a two-year extension to a project four years past deadline and only 32% complete, revealing the three factors that tip the scales under Section 7(3).

4 min read

The 5-point test the NCLT uses to spot a manufactured quality dispute.

A corporate debtor who accepted goods, paid most invoices, and only raised a quality complaint after a demand notice learned that the NCLT treats such defences as manufactured and admits CIRP

4 min read

The BALCO-Shashoua test that doomed Micromax's Afghan partner.

How a non-exclusive jurisdiction clause and a foreign venue combined to fix the seat abroad, leaving an Afghan distributor without Indian court access under Section 11

6 min read

The Bishal Jaiswal test for balance sheet acknowledgments under Section 18.

The Supreme Court reversed the NCLAT and held that an unequivocal balance sheet entry acknowledging a debt extends limitation under Section 18 of the Limitation Act, giving creditors a fresh three-year window to file a Section 7 application under the IBC.

5 min read

The contract was novated, but the arbitration clause survived anyway.

When a disputed plea of novation arises at the referral stage, the court must not decide it — that call belongs to the arbitral tribunal, not the High Court.

7 min read

The Delhi HC Rule 1(g) test: 3 steps to clear the filing counter in one visit.

The Delhi High Court's 2018 Rules ban annexures to pleadings outright, yet lawyers keep stapling evidence to plaints and losing weeks to re-filing.

4 min read

The functus officio rule that killed three arbitral awards in one hearing.

An arbitrator who recalled and replaced his own award three times acted without jurisdiction, and the High Court ruled every one of those awards void from the start.

5 min read

The government wrote the clause. It still lost the arbitration.

A clause the government wrote to make its officer the final authority on contract discrepancies did not bar arbitration of escalation claims, the Allahabad High Court held, nearly four decades after the latrines were built.

5 min read

The impartiality test for receivers that the Telangana High Court just clarified.

The Telangana High Court sets aside a managing partner's appointment as receiver in a family partnership dispute, holding that impartiality fails when the receiver is a party with strained relationships and allegations of misappropriation.

4 min read

The Section 2(e) test that decides whether your Section 34 lives or dies.

The Supreme Court rules that a High Court which appoints an arbitrator under Section 11 is not automatically the court to hear a challenge under Section 34, unless it has ordinary original civil jurisdiction.

3 min read

The Supreme Court's two-condition test for CIRP wages under Section 5(13).

The Supreme Court ruled that wages during insolvency count as CIRP costs only if the company was a going concern and the workers actually worked — but provident funds sit untouched outside the waterfall.

6 min read

The tribunal fixed its own award. The clock for challenging it reset.

When an arbitral tribunal corrects its own award without being asked, the limitation clock resets from the corrected version, not the original, the Supreme Court has held.

4 min read

They appointed an arbitrator by mutual consent. Then the court said it was invalid.

The Supreme Court held that Section 11(6) of the Arbitration Act cannot be used when there is no written arbitration agreement, even if both sides agreed on the arbitrator.

8 min read

They bought plots in good faith. The Supreme Court said they lose everything.

The Supreme Court shut a 30-year land battle by ruling that innocent buyers have no right against the State's power to resume land granted to landless SC/ST persons and later sold in violation of the 1977 Act.

6 min read

Two contracts, two arbitration clauses — which one wins?

DLF and Rajapura Homes signed separate agreements with different dispute resolution clauses. The Supreme Court had to decide which clause governed their fight over Rs 75 crore completion fees.

6 min read

Two pilots got a marriage certificate but skipped the wedding. The Supreme Court just declared them never married.

They had the certificate, the registration, and even a dowry case. But they never performed the actual ceremony. The Court said: no ceremony, no marriage—even if you have papers.

6 min read

Two pilots got a marriage certificate without a wedding. The Supreme Court just tore it up.

Dolly and Manish skipped the saptapadi, got a certificate from a samiti, and registered their marriage. The Court said: no ceremony, no marriage — registration is just proof, not a substitute.

6 min read

Two pilots got a marriage certificate without any wedding ceremony. The Supreme Court says: not married.

They skipped the saptapadi and other Hindu rites, just registered a certificate. The Court ruled that without proper solemnisation, no marriage exists—even if you have a piece of paper.

5 min read

Two remedies, one dispute: why the Calcutta High Court shut both the suit and the arbitration.

The Calcutta High Court dismissed both a civil suit and an arbitration application after finding that a RERA complaint already elected the remedy, leaving the allottee with only one forum.

5 min read

Unstamped contract = no arbitration clause, says SC majority

A 5-judge bench holds that an unstamped agreement is void and cannot contain an arbitration clause, even if both parties signed. The minority says stamp duty is a curable defect.

6 min read

UP government blamed red tape for 337-day delay. Supreme Court wasn't buying it.

The state said bureaucratic approvals caused the delay in challenging a Rs 40 lakh arbitration award. The court said: limitation binds everyone, even the government.

5 min read

What you say in conciliation stays in conciliation — court

A recent ruling reinforces that everything discussed during conciliation must remain confidential, even if the case later goes to court.

5 min read

When a bus body builder withheld 10% payment, the supplier sued. But the buyer hit back with a counter-claim. Can a state transport corporation play defence under a law meant for small businesses?

The Supreme Court had to decide two things: whether the limitation clock ticks for MSME arbitration claims, and whether a buyer can file a counter-claim in a forum designed to protect small suppliers. The answers reshape how the MSMED Act works in practice.

5 min read

When a contract says how interest works, arbitrators can't override it

The Supreme Court held that if parties agree on interest terms, the default arbitration law on interest doesn't apply—even if a precedent says otherwise.

7 min read

When a fact admitted for 'explanation' also destroys the other side's case

The court said: if a fact is relevant under Section 9 to explain something, it can also be used to rebut an inference — even if that wasn't its original purpose.

6 min read

When 'arbitration' in a contract doesn't mean arbitration

A clause said disputes would be resolved by arbitration—unless certain conditions were met. The Supreme Court had to decide: who gets to decide?

6 min read

Why 8 out of 10 operational creditor appeals fail at the NCLT stage.

The Supreme Court held that the NCLT has no equity jurisdiction and cannot rewrite a resolution plan approved by the CoC unless a specific statutory requirement is violated

5 min read

Why a company couldn't challenge a court's authority until the very end

The Supreme Court said that if you don't object to jurisdiction early, you lose the right. But even if you do, you still have to wait till the final award to fight it.

4 min read

Why the Supreme Court allowed a project-wise CIRP for Supertech — for now.

The Supreme Court declined to disturb an NCLAT order that split a realty group's insolvency by project, but flagged its fundamental tenability under the IBC for final hearing.

5 min read

You handed over trade secrets. The court locked them away — from the other side.

A protective order creates two barriers — physical custody and a confidentiality club — that let you lend documents to the other side without ever really handing them over.

5 min read

You refused the post. The clock didn't stop.

Supreme Court says refusing a registered letter counts as receiving it. And no court can extend the 3+1 month deadline to challenge an arbitration award.

5 min read

Your expert's 200-page report won't be read. Both experts will argue in real time.

The Delhi High Court can bypass your expert's entire testimony and make them argue it out with the other side in real time, and you have no veto.

4 min read

Your guarantee was invoked by another bank. You're still disqualified.

The Supreme Court read 'such creditor' in Section 29A(h) to mean any creditor who invoked a personal guarantee, not just the one that filed insolvency, disqualifying a promoter despite 78.5 percent creditor approval.

6 min read

Your notarized translation is useless. Delhi High Court wants one of six things.

A notary stamp won't save your foreign-language document in the Delhi High Court Registry—only one of six specific certification routes will, and picking the wrong one stalls your case before it begins.

5 min read

Your own lawyer as arbitrator? Delhi High Court says that award is dead on arrival.

A Delhi High Court stay on two arbitration awards sends a clear signal: unilateral appointment of an ineligible arbitrator without Section 11 consent renders the entire process invalid from the start.

4 min read

Your phone bill jumped 40x in one month. Can you take the company to consumer court?

Vodafone said the law forced you into arbitration. The Supreme Court just said—no, you have a choice.

5 min read