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Articles & Legal Updates

Notes on procedure and practice before the Delhi courts, written for people trying to understand a proceeding they are already in.

These notes are written for litigants and for younger members of the Bar. They explain procedure as it operates in the Delhi courts — the sequence of steps, the timelines that matter, and the points at which a matter is commonly lost. They are general information, not advice on any particular case.

All articles (867) Civil & Property (45) Commercial (1) Commercial & Corporate (204) Criminal Law (309) Cyber & Fraud (5) Matrimonial & Family (223) Procedure & Practice (80)
4 October 2026 · Commercial & Corporate

Compound Interest Award Upheld – Advocate Manish Jha

Dismissing a Section 34 challenge in Ircon v. Kanchanjunga, the Delhi High Court held that admissions made during arbitration bind the party, and contractual silence on interest does not bar 10% compound pre-award interest under Section 31(7)(a).

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4 October 2026 · Commercial & Corporate

Full Refund Award Sent Back – Advocate Manish Jha

In Gmmco v. Supreme Industries, the Madras High Court upheld the tribunal's jurisdiction and limitation findings but set aside a full-refund award on a defective genset that ignored depreciation and mitigation, remitting it for fresh quantum.

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4 October 2026 · Commercial & Corporate

Late Commercial Appeal Rejected – Advocate Manish Jha

The Delhi High Court refused to condone a roughly three-year delay in an RFA(COMM) against a recovery decree, reiterating that condonation in commercial appeals is the exception and not the rule, and letting execution proceed.

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3 October 2026 · Commercial & Corporate

Section 45: Foreign Arbitration – Advocate Manish Jha

When an Indian court must refer parties to a foreign-seated arbitration under Section 45 of the Arbitration Act — the prima facie test, the three exceptions and the appeal under Section 50.

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3 October 2026 · Commercial & Corporate

Anti-Arbitration Injunctions – Advocate Manish Jha

Indian courts restrain arbitrations only through a narrow door: no agreement at all, non-arbitrable subject matter, or proceedings that are vexatious and oppressive. A practice map.

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2 October 2026 · Commercial & Corporate

Fraudulent IBC Admission, Living CIRP – Advocate Manish Jha

In the Greenopolis matter, the Supreme Court holds that an insolvency admission procured by collusion can be recalled, but the CIRP, once in rem, may continue for the benefit of genuine creditors and homebuyers.

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2 October 2026 · Commercial & Corporate

SARFAESI Sale Void for Rule Breaches – Advocate Manish Jha

The Supreme Court sets aside the auction of an Ooty resort conducted in breach of Rules 8 and 9 of the Security Interest (Enforcement) Rules, holding SARFAESI safeguards mandatory: sanctity is the reward of legality.

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2 October 2026 · Commercial & Corporate

Employee Arbitrator: The 2015 Dividing Line – Advocate Manish Jha

A Delhi High Court Division Bench holds that Section 12(5) and the Seventh Schedule do not retrospectively invalidate an employee-arbitrator appointed before the 2015 Amendment, restoring a DMRC award.

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2 October 2026 · Commercial & Corporate

Cheque Notice: Dispatch Is the Giving – Advocate Manish Jha

The Supreme Court restores an NI Act conviction, holding that a Section 138 demand notice dispatched to the drawer's correct address satisfies the statute even where a family member received it.

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1 October 2026 · Commercial & Corporate

Sitting Somewhere Is Not a Seat – Advocate Manish Jha

The Supreme Court holds that merely conducting arbitral proceedings at a place does not make it the juridical seat, restoring Section 34 petitions to the district court where the contract was performed.

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1 October 2026 · Commercial & Corporate

When the Buyer Is Abroad – Advocate Manish Jha

The MSMED Act's delayed-payment machinery is built around buyers the Indian system can reach. How an exporting MSME protects and recovers dues from foreign buyers — contracts, arbitration, insurance and FEMA compliance.

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1 October 2026 · Commercial & Corporate

Collecting from the Debtor's Debtor – Advocate Manish Jha

Garnishee proceedings under Order 21 Rules 46 and 46A-46I CPC let a decree-holder attach bank balances, receivables and rents owed to the judgment-debtor — the fastest route to satisfying a money decree.

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What Is Covered Here

The chamber writes on the areas in which it appears: criminal procedure under the Bharatiya Nagarik Suraksha Sanhita, 2023, bail practice, matrimonial and family proceedings before the Delhi Family Courts, cheque dishonour and recovery, and proceedings before the NCLT and the Motor Accident Claims Tribunals. Notes on reported judgments of the Supreme Court of India and the High Court of Delhi are published with a link to the official text of the decision, so that a reader can verify the position rather than rely on a summary.

No article on this page identifies a client or discusses a pending matter conducted by the chamber. Where a statutory provision is cited, the section number is given so that a reader can verify it against the bare Act.

If a subject you need is not covered here, the chamber can be written to at legal@advocatemanishjha.com. Questions of general interest are taken up as future notes; the chamber does not give advice on individual matters by email.