Petition for ‘No Objection Certificate’ – Petitioner challenges the rejection of his application to open a retail meat shop. The rejection is based on an unfavorable police report, citing proximity to religious places and potential unauthorized meat sales. [Para 1-3]
Presumptive Grounds – The court finds that the ground of potential unauthorized meat sales is presumptive...
Arbitration Agreement – Enforceability against Judicial Proceedings – Suit decreed by ADJ despite the existence of an arbitration agreement between the parties – Appellants objected to the maintainability of the suit citing the arbitration clause and Section 8 of the Arbitration and Conciliation Act, 1996 – The objection was raised at the earliest possible instance in the a...
Arbitration – Appointment of Arbitrator – Novation – The High Court dismissed the application under Section 11(6) of the Arbitration and Conciliation Act, 1996, filed by the appellant for the appointment of an arbitrator, on the grounds that the Share Purchase Agreement was novated by a subsequent Tripartite Agreement – Supreme Court held that issues of novation and the val...
Execution of Decree – Interest on Decretal Amount – Appellant deposited the decretal amount in court without giving notice to the decree holder – High Court held decree holder entitled to interest on the amount deposited until the appeal's decision – Supreme Court found that interest ceases when the deposited amount is credited in the decree holder's account, regard...
Arbitration - Appointment procedure - Broad-based panel - Impartiality and independence - Counterbalancing of power - Scope of appointment procedure in government contracts - Principles laid down in Voestalpine case - Panel should include engineers from the private sector, legal professionals, and individuals from other fields - Need to create a healthy arbitration environment - Panel must be broa...
Arbitration Law – Stay of Arbitral Award – The Supreme Court held that once an application under Section 36(2) of the Arbitration and Conciliation Act, 1996, is filed for stay of the operation of the arbitral award, the court is empowered to impose conditions as it deems fit. This may include furnishing security covering the entire amount of the award, including interest. The court is ...
Arbitration – Appointment of Arbitrator – Section 11(6) read with Section 11(12) of the Arbitration and Conciliation Act, 1996 – Petitions filed for appointing a sole arbitrator to resolve disputes arising from three agreements executed between the parties – Supreme Court held that the arbitration agreement is enforceable despite pending payment of stamp duty on the substan...
Commercial Courts – Jurisdiction – Arbitration – High Court held the State Government's notification to confer jurisdiction on Civil Judge (Senior Division) as Commercial Courts is in line with the Commercial Courts Act, 2015 – Supreme Court upheld the High Court's decision – Sections 3 and 10 of the Commercial Courts Act, 2015, prevail over Section 2(1)(e) of...
Civil Law – Arbitration – Interim Measures – In the case of Shanghai Electric Group Co. Ltd. Versus Reliance Infrastructure Ltd., the Delhi High Court examined the issue of granting interim measures under Section 9 of the Arbitration and Conciliation Act, 1996, in the context of an international commercial arbitration. The Court considered the enforceability of a foreign arbitral...
Arbitration – Interim Measures – Section 9 confers wide powers on courts to secure the disputed amount before, during, or after arbitration but before enforcement under Section 36 – Court must assess if the applicant has a prima facie case, balance of convenience, and promptness in seeking relief [Paras 1-2].
Stay of Arbitral Award – Section 36(2) allows for st...