Delhi High Court

25th Apr, 2024

When a defect in the jurisdiction of the arbitrator exists, the award can be challenged at any stage.

In the matter of Telecommunication consultants India Ltd vs Shivaa Trading O.M.P. (Comm) 311/2022 decided by the Hon’ble High Court of Delhi on 09.04.2024 FACTS: The petitioner and the respondent entered into a […]

10th Mar, 2024

The doctrine of absolute privilege prohibits the entertainment of defamatory claims made against judges, counsel, witnesses or parties qua judicial proceedings made in Courts or tribunals.

In the matter of Pankaj Oswal vs. Vikas Pahwa, RFA (OS) 14/2023, decided by the Hon’ble Delhi High Court on 21.02.2024. Facts of the case– The Appellant instituted a defamation suit against the Respondent, who […]

10th Mar, 2024

Filing of Arbitration Petition u/S 34 of A&C act without a copy of the impugned Award is non-est

In the matter of Union of India v. NCC Limited [O.M.P (COMM) 66/2023] decided on 23.02.2024 by the Delhi High Court FACTS In the present case the arbitral award was made on 10.02.2022 and received […]

28th Feb, 2024

No need for notice to invoke fresh arbitration under Section 21 of the Arbitration and Conciliation Act, 1996 where analogous arbitral proceedings pending

In the matter of Prime Interglobe Private Limited vs Super Milk Products Private Limited (ARB. P. 337/2023) decided by the Hon’ble Delhi High Court on 12.12.2023 FACTS: The matter pertained to disputes arising from […]

2nd Feb, 2024

Group of Companies doctrine cannot be invoked to implead non-signatory directors of a company in an arbitration proceeding

In the matter of Vingro Developers Private Limited vs. Nitya Shree Developers Private Limited through its Principal Officer & Ors., (ARB. P. 667 of 2023) decided by the Hon’ble Delhi High Court on 24.01.2024. FACTS: […]

25th Nov, 2023

Interpreting clauses in a contract differently amounts to re-appreciation of facts – Not permissible under Section 34, Arbitration & Conciliation Act, 1996

The Hon’ble Delhi High Court vide its judgment dated 08.11.2023 in the case of “Raghunath Builder Pvt. Ltd. vs. Anant Raj Ltd.” had the occasion to deal with whether the courts under Section 34 of […]

17th Nov, 2023

Before issuing summons u/s 138 NI Act, only prima facie view on presence of basic ingredients of the offence necessary

In the matter of Northern India Paint Colour and Varnish Co. LLP v. Sushil Chaudhary, (CRL.M.C. 2480/2023) decided by the Hon’ble High Court of Delhi on 10.11.2023 FACTS: The present appeal was filed by […]

28th Oct, 2023

Compensation for prolongation period can’t be granted if the Contractor didn’t reserve claim for compensation while claiming Extension of Time.

In the matter of IRCON International Ltd vs. DMRC O.M.P (COMM) 165/2023, decided by Hon’ble Delhi High Court on 9.10.2023. Facts of the case- A contract was executed between the parties for work of Supply, […]

20th Oct, 2023

Interim order for deposit of entire claim cannot be ordered unless conditions of Order 38 Rule 5 are satisfied.

In the matter of Dr. Vivek Jian versus Prepladder Private Ltd., OMP(I) COMM. 397 OF 2022 decided by the Hon’ble High Court of Delhi on 09.10.2023. Universal citation: 2023 DHC 7263 FACTS: The parties […]

20th Feb, 2023

Appeal against the order passed u/s 36 of the A&C Act is not maintainable u/s 13 of the Commercial Courts Act, 2015.

In the matter of H P Cotton Textile Mills Ltd Vs. Oriental Insurance Company Limited, EFA (OS) (COMM) 15/2018, decided by the Hon’ble Delhi High Court on 23.01.2023. Facts of the Case- The appellant had […]

9th Jan, 2023

Failure of defendant to file written statement within prescribed time would not ipso facto and by itself justify invocation, of Order VIII Rule 10 to decree the suit without further process.

In Kleenoil Filtration India Pvt. Ltd vs. Udit Khatri & Ors., CS (COMM) 72/2022, decided by the Hon’ble Delhi High Court on 05.01.2023 The Hon’ble Court in the aforesaid matter came across the question as […]

21st Dec, 2022

When a relief is only incidental to the relief of partition, no separate court fees needs to be paid on the incidental relief

In the case of Shampa Ghosh v Alok Kumar Dey (2022/DHC/005053) decided by Hon’ble Delhi High Court on 23.11.2022. FACTS: The present suit was filed on behalf of the Plaintiff seeking reliefs of partitions, permanent […]

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