After the amendment to the Act in 2015, Section 12(5) prohibits current employees of any party from being appointed as the arbitrator.

[Case Brief] Rajasthan Small Industries Corporation Limited  v/s Ganesh Containers Movers Syndicate

Case name Rajasthan Small Industries Corporation Limited  v/s Ganesh Containers Movers Syndicate Case number Civil Appeal Number 1039 of 2019 Court Supreme Court of India  Bench  Justice R. Banumathi and Justice Indira Banerjee Author of the judgement  Justice R.…

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An appointment of an arbitrator made by a person ineligible to act as an arbitrator himself is null and void.

[Case Brief] Bharat Broadband Network Limited v/s United Telecom Limited

Case name Bharat Broadband Network Limited v/s United Telecom Limited Case number Civil Appeal Number 3972 of 2019  Court Supreme Court of India Bench Justice Rohinton Fali Nariman and Justice Vineet Saran Author of the judgement Justice Rohinton Fali…

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Courts cannot appoint arbitrator(s) when the contract containing the arbitration clause is insufficiently stamped.

[Case Brief] Garware Wall Ropes Ltd. v/s Coastal Marine Constructions & Engineering Ltd.

Case name Garware Wall Ropes Ltd. v/s Coastal Marine Constructions & Engineering Ltd. Case number Civil Appeal Number 3631 of 2019 Court Supreme Court of India  Bench Justice Rohinton Fali Nariman and Justice Vineet Saran Author of the judgment…

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The writ jurisdiction of High Courts or the Supreme Court is of extraordinary nature and should be exercised only if no other effective remedy is available with the parties.

[Case Brief] Agarwal Tracom Pvt. Ltd. v/s Punjab National Bank

Case name Agarwal Tracom Pvt. Ltd. v/s Punjab National Bank Case number Civil Appeal Numbers 19847 of 2017 Court Supreme Court of India Bench Justice Abhay Mohan Sapre & Justice R.K. Agarwal Decided on November 27, 2017 Relevant Act/Sections…

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A bar cannot be created on the rights of a secured creditor under SARFAESI Act merely because an arbitration proceeding has been initiated.

[Case Brief] Indiabulls Housing Finance Limited v/s Deccan Chronicle Holdings Limited and others

Case name Indiabulls Housing Finance Limited v/s Deccan Chronicle Holdings Limited and others Case number Civil Appeal Numbers 18 of 2018 Court Supreme Court of India Bench Justice A.K. Sikri & Justice Ashok Bhushan Decided on  February 23, 2018…

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Appellate Tribunal under SARFAESI Act, 2002 has the authority to condone delay under Section 18(1) if sufficient cause is shown for the delay.

[Case Brief] Baleshwar Dayal Jaiswal v/s Bank of India & Others

Case name Baleshwar Dayal Jaiswal v/s Bank of India & Others Case number Civil Appeal Numbers 5924-5927 of 2015 Court Supreme Court of India Bench Justice Jagdish Singh Khehar, Justice Adarsh Kumar Goel Author of the judgment Justice Adarsh…

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No differential or exceptional treatment is to be given to the Government under the Arbitration and Conciliation Act, 1996 even while considering an application for grant of stay of a money decree in proceedings under Section 34 of the Act.

[Case Brief] Pam Development Private Ltd. v/s State of West Bengal

Case name Pam Development Private Ltd. v/s State of West Bengal Case number Civil Appeal Nos. 5432 and 5433 of 2019 Court Supreme Court of India  Bench Justice Vineet Saran Decided on  July 12, 2019 Relevant Act/Sections Arbitration and…

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While imposing penalty for any breach of regulation provided under the Takeover Regulations, 1997, one should also consider the mitigating factors provided under the SEBI Act and other relevant legislation for the time being in force.

[Case Brief] Capetown Trading Company Private Limited vs Securities and Exchange Board of India

Case name Capetown Trading Company Private Limited vs Securities and Exchange Board of India Case number Appeal No. 102 of 2018 Court/Tribunal Securities Appellate Tribunal Coram Justice Tarun Agarwala, Presiding Officer Dr. C.K.G. Nair, Member Justice M.T. Joshi, Judicial…

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