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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 (889) Civil & Property (45) Commercial (1) Commercial & Corporate (211) Criminal Law (317) Cyber & Fraud (5) Matrimonial & Family (229) Procedure & Practice (81)
5 October 2026 · Commercial & Corporate

Section 36(3) Has Narrow Limits – Advocate Manish Jha

The Delhi High Court refused to order release of Rs 85 crore in bank guarantees through a stay application, holding Section 36(3) cannot carry reliefs that belong to enforcement under Section 36(1) read with Order XXI CPC.

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5 October 2026 · Commercial & Corporate

Section 37: A Narrow Second Look – Advocate Manish Jha

A Division Bench dismissed a contractor's appeal against a house-construction award, reiterating that the Section 37 court exercises the Section 34 court's powers with the same constraints — no reappreciation of evidence.

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5 October 2026 · Commercial & Corporate

Arbitrator For A Licence Dispute – Advocate Manish Jha

The Calcutta High Court appointed a sole arbitrator over unpaid licence fees for a mall unit, confining the Section 11 inquiry to a prima facie examination of the arbitration agreement's existence and validity.

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5 October 2026 · Commercial & Corporate

No Set-Off Across Contracts: SC – Advocate Manish Jha

In 2026 INSC 1072, the Supreme Court quashed a Rs 84.17 lakh recovery deducted from a contractor's running bills under three unrelated contracts without notice or hearing, directing refund with 6% interest.

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5 October 2026 · Commercial & Corporate

Medium Units And Samadhaan Claims – Advocate Manish Jha

Chapter V of the MSMED Act protects 'suppliers', and Section 2(n) confines that status to micro and small enterprises. Why medium units cannot invoke Samadhaan, and the remedies they actually have.

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5 October 2026 · Commercial & Corporate

Part Payments In MSME Claims – Advocate Manish Jha

Whether part payments extinguish principal or interest often decides an MSME award. The appropriation rules of Contract Act Sections 59-61, the interest-first principle and computation discipline.

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5 October 2026 · Commercial & Corporate

Moving Suits To Commercial Courts – Advocate Manish Jha

Section 15 of the Commercial Courts Act transfers pending suits of the specified value to commercial forums — except where judgment is reserved. What moves, what does not, and what changes after transfer.

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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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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 211 articles

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.