DDA Has No Obligation To Provide Infrastructure Before Full Payment On Plots Sold On 'As Is Where Is Basis: Delhi High Court

The Delhi High Court bench of Justice Jasmeet Singh observed that where DDA has sold plots to buyers on “as is where is basis”, the buyer cannot refuse to pay the balance sale consideration on the ground that DDA did not provide the requisite civic amenities. In such a situation, DDA has no obligation to provide the facilities as a pre-requisite to full payment. Facts The Petitioner i.e. M/s Sunlight Project Pvt Ltd (“Sunlight”) filed the present petition under Section 34,...

Interpreting Property's 'Built-Up Area Wall-To-Wall' As Carpet Area Is Commercially Sound: Bombay High Court

The Bombay High Court has dismissed a petition under section 34 Arbitration and Conciliation Act, 1996 (Arbitration Act) filed by the Developer-partners of Lukhi Associates challenging a 2020 arbitral award arising out of disputes under a 2010 Development Agreement with the Saini family. Justice Somasekhar Sundaresan upheld the award, holding that “what the Learned Arbitral Tribunal has found would draw sustenance from the principle of giving commercial contracts a commercial...

Arbitration Is Only Between Parties To Agreement; Non-Parties Can Be Added Only In Exceptional Circumstances: Karnataka High Court

The Karnataka High Court has held that arbitration could be only between parties to the Arbitration Agreement; non-parties cannot be made parties to arbitration unless exceptional circumstances exist.Justice Suraj Govindaraj held thus while allowing a petition filed by Lubna Shah. Shah and Varun Infra Projects (respondent No 3) had entered into a Joint Development Agreement on 27.06.2016, which is governed by an arbitration Clause in terms of Clause 22.Shah, by a letter dated 27.01.2025, called...

Delhi High Court Upholds DMRC's Arbitral Award Against Parsvnath Builders Amounting To ₹70 Lakhs

The Delhi High Court Bench of Justice Jasmeet Singh has upheld an arbitral award in favour of Delhi Metro Rail Corporation (“DMRC”) against Parsvanath Developers Limited (“PDL”) relating to development of commercial space in Tis Hazari Metro Station. The Court affirmed the view taken by the Arbitrator that DMRC was not in violation of its obligations under the Concession Agreement. DMRC had co-operated with PDL and the sub-licensee and the non-completion of the project was because of ...

No 'Perversity': Kerala High Court Upholds Arbitral Award Dissolving 'Zephyr' Coaching Institute

The Kerala High Court on 28th November, 2025 dismissed an appeal sought to challenge an arbitral award that dissolved a coaching partnership firm, ruling that courts can neither re-examine expert valuations nor can the parties introduce fresh evidence at the appellate stage under section 34 and 37 of the Arbitration and Conciliation Act, 1996. A Division Bench of Chief Justice Nitin Jamdar and Justice Syam Kumar V.M. held that “no case whatsoever under Section 34” was established to...

Delhi High Court Upholds ₹29.23 Crore Encashment Of Vedanta's Performance Bank Guarantee For Missing CMDPA Milestones

The Delhi High Court on Tuesday disposed of a Writ Petition, upholding the Government's order to deduct Rs. 29,23,55,117.68 from Vedanta Limited's Performance Bank Guarantee (PBG) for non-compliance of the Milestone period prescribed under the Coal Mine Development and Production Agreement. Justice Amit Sharma on 2nd December, 2025 rejected the Writ Petition of Vedanta Limited, holding that it received the clearance “beyond the stipulated period” and hence, the nominated authority,...

Award Liable To Be Set Aside When Arbitrator Fails To Consider Whether No Dues Certificate Was Voluntary Or Not: Delhi High Court

The Delhi High Court Bench of Justice Sachin Dutta has observed that where a party raises an objection that the “No Dues Certificate” was given under duress, it is incumbent upon the Arbitrator to give a finding on the issue of voluntariness of the “No Dues Certificate”. The Arbitrator is required to consider the divergent factual positions contended by the parties in their pleadings and failure to do so would make the award liable to be set aside under Section 34, Arbitration and ...

'Unilateral Appointment Of Arbitrator Violates Principles Of Natural Justice': Calcutta High Court Sets Aside Arbitral Award

The Calcutta High Court on Tuesday set aside an ex-parte arbitral award ruling that unilateral appointment of a sole arbitrator by one of the parties is violative of the Principles of Natural Justice and fatally vitiates the arbitral process, thereby resulting in nullity. Justice Shampa Sarkar in a judgement delivered on 2nd December, 2025, allowed the application filed by YD Transport Company and its proprietor under section 34 of the Arbitration and Conciliation Act, 1996. Court...

Parties' Conduct Overrides Clause: Calcutta High Court Rejects Literal Interpretation Of Arbitration Venue Clause

The Calcutta High Court on Tuesday dismissed Chittaranjan Locomotive Works' application for an unconditional stay of an arbitral award dated March 14th, 2024. Justice Shampa Sarkar on 2nd December, 2025 ruled that the conduct of the parties and arbitrator and the award publication proceedings in Kolkata constituted “contrary indicia”, sufficient to displace Chittaranjan as the contractual venue. The controversy stems from a tender issued by the Railway Administration, Chittaranjan...

Bombay High Court Upholds ₹96 Lakh Award Against TCS In Hardware Supply Dispute With Inspira

The Bombay High Court on Tuesday upheld an arbitral award directing Tata Consultancy Services Ltd. to pay Rs. 96.20 lakh to Inspira IT Products Pvt. Ltd. for the loss suffered on 207 servers and monitors that Inspira purchased for TCS but could not deliver after TCS failed to finalise delivery locations. The court rejected cross-appeals filed by both the parties. A single bench of Justice Sandeep V Marne held on December 2 that the 2023 award contained no perversity or patent illegality,...

Madras High Court Upholds Arbitral Award Directing MediaOne To Pay ₹1.23 Crore In 'Maatraan' Film Dispute

In a rejection of a challenge to an arbitral award, the Madras High Court has upheld the Sole Arbitrator's decision directing MediaOne Global Entertainment Ltd. to pay over 1.23 crores in relation to an agreement over the release of the film “Maatraan”. Dissmissing a plethora of arguments contended by the Petitioner, Justice N. Anand Venkatesh on 28th November 2025 ruled that a guarantee deed, claimed as “comfort letter” by the Petitioner, was not a mere formality but a “binding...

Statutory Remedy Under Cooperative Societies Act Inapplicable When Arbitration Clause Exists: Karnataka High Court

The Karnataka High Court has reiterated that if an arbitration clause were to exist in an agreement between the parties and the dispute were required to be adjudicated by way of arbitration, then the statutory requirement under the Cooperative Societies Act would not apply.Justice Suraj Govindaraj said this while allowing the petition filed by Ramakrishna House Building, which had approached the court for the appointment of a sole arbitrator. An agreement having been entered into between the...