Dispute Resolution

Background and Facts A court executing a decree has wide powers over the judgment debtor and much narrower ones over everybody else. The Supreme Court has held that a forensic audit directed in aid of execution must stay confined to the transactions that connect the banks to the judgment debtors, and cannot become a general inquiry into the affairs of the banks themselves. The order was reported on September 29, 2026 and was made by a Bench of Chief Justice Surya Kant, Justic

Background and Facts A Section 37 appeal is an exercise of appellate jurisdiction by a court, and an arbitral tribunal cannot be asked to perform it. The Supreme Court has set aside a direction of the Bombay High Court remitting a pending appeal against the refusal of interim relief to a newly constituted tribunal, to be treated as an application for interim measures. The judgment in Union of India v. Hariom Projects Private Limited, 2026 INSC 1044 [arising out of Special Lea

Background and Facts Filing a Section 34 challenge in the wrong court costs years, and the question of which court is correct is not answered by where the arbitrator happened to sit. The Supreme Court has held that where no Commercial Court has been set up, the District Court within the territorial jurisdiction of the High Court may entertain the petition. The judgment in Mahanadi Coalfields Limited v. GSCO Infrastructure Private Limited [arising out of Special Leave Petition

Background and Facts An Indian vendor cannot suspend performance of an Indian law contract by pointing at foreign sanctions it has not proved apply to it. The Delhi High Court has ordered SAP India Private Limited to restore enterprise and software support services to Nayara Energy Limited, holding that at the interlocutory stage the suspension was prima facie a breach. The order in Nayara Energy Limited v. SAP India Private Limited was made by Justice Vikas Mahajan on Septem

Background and Facts Award debtors routinely deposit money in court to obtain a stay and then assume that interest on an arbitral award has stopped running. The Supreme Court has held that it has not, unless the deposit is unconditional and the award holder can actually take the money out. The judgment in National Seeds Corporation Limited v. National Agro Seed Corporation (India) [arising out of Special Leave Petition (Civil) No. 5710 of 2025] carries the neutral citation 20

Background and Facts Where a tribunal's own e-filing system refuses the papers, the date of presentation of an appeal is the date of the first bona fide attempt to file, not the later date on which the portal finally accepted it. The Supreme Court so held in Regional Provident Fund Commissioner-II v. Ms. Mamta Binani and Others, reported as 2026 INSC 1003 and decided on September 10, 2026. The Regional Provident Fund Commissioner sought to appeal against an order of the Natio

Background and Facts Where a firm dissolves and its land is sold decades later, does the outgoing partner take his share of the price realised or his share of the value the land had on the day of dissolution? The Supreme Court has held it is the former, and has added that a reconstituted firm has no right to use the dissolved firm's assets in the meantime. The judgment in V. Sumitra Reddy and Another v. K. Ranganadha Reddy and Others [Civil Appeal No. 8167 of 2017] is reporte

Background and Facts A contract that carves out excepted matters from arbitration raises an obvious question: who decides whether a given claim has been carved out. The Supreme Court has answered that the arbitral tribunal does, and that a writ court cannot settle the point in advance. The judgment in M/s GVV Constructions Private Limited v. Union of India and Others [Civil Appeal arising out of Special Leave Petition (Civil) No. 7338 of 2026] is reported as 2026 INSC 976. So

Background and Facts The Delhi High Court has held that MSME registration obtained after a supply has been made confers no right to refer the resulting dispute to a Micro and Small Enterprises Facilitation Council, and that a supplier who abandons an arbitration cannot revive the same claims by registering later and starting again. The judgment in Shri Krishan Grit Co. v. Continental Engineering Corporation [ARB. A. (COMM) 30/2024 and I.A. 29603/2024] was reserved on August 1

Background and Facts The National Company Law Appellate Tribunal on September 11, 2026 held that the power of the President of the National Company Law Tribunal to transfer a case from one Bench to another is not confined by the territorial limits of those Benches. The ruling in Kamlesh Rani Singla v. Praveen Kumar Garg and Others [Company Appeal (AT) (Insolvency) No. 275 of 2026] is reported as 2026 LLBiz NCLAT 347. Laxmi Pipes Limited was admitted into the Corporate Insolve

The Insolvency and Bankruptcy Board of India (IBBI) notified the Pre-Packaged Insolvency Resolution Process (Second Amendment) Regulations, 2026 on 19 May 2026, introducing significant changes to valuation procedures, timeline discipline, and eligibility for pre-packaged insolvency resolution. These amendments follow the Insolvency and Bankruptcy Code (Amendment) Act, 2026, which received Presidential assent in April 2026 and came into force on 19 May 2026, expanding the PPIR

The intersection of competition law and insolvency law in India has been a source of persistent uncertainty for resolution applicants, creditors, and regulators. At the heart of the debate lies a deceptively simple question: when must the Competition Commission of India (CCI) approve a resolution plan that involves a combination, such as a merger or acquisition? The Supreme Court answered this question with a strict interpretation, only for Parliament to legislate a different

The National Company Law Appellate Tribunal (NCLAT) has dismissed an appeal by a Kerala-based investor seeking approximately Rs 110 crore in compensation for 1,35,000 equity shares of Sintex Industries Ltd that were extinguished under the company's insolvency resolution plan. The ruling, delivered on August 30, 2026, affirms the clean slate principle under the Insolvency and Bankruptcy Code, 2016 (IBC) and holds that no independent membership right survives once the underlyin

The National Company Law Tribunal (NCLT), Kolkata Bench, in an order dated August 10, 2026, admitted Oscorp Industries Private Limited, a Howrah based railway wagon rebuilder, into the Corporate Insolvency Resolution Process (CIRP) under the Insolvency and Bankruptcy Code, 2016 (IBC). The bench of Labh Singh, Member (Judicial), and Rekha Kantilal Shah, Member (Technical), passed the order in C.P. (I.B.) No. 126/KB/2025 on a Section 7 petition filed by Gurgaon based Stemztech

On August 17, 2026, a Division Bench of the Delhi High Court comprising Justices C Hari Shankar and Om Prakash Shukla imposed costs of Rs 5 lakh on the Delhi Metro Rail Corporation (DMRC) for misusing Section 33 of the Arbitration and Conciliation Act, 1996 in the case of Delhi Metro Rail Corporation Ltd v HCC Samsung JV. Section 33, which permits correction of clerical, typographical, and computational errors in arbitral awards, was deployed by DMRC to seek what the court de