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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)
2 September 2026 · Commercial & Corporate

The End of Unilateral Arbitrator Appointments: The CORE Constitution Bench Ruling

In CORE v. ECI-SPIC-SMO-MCML (2024 INSC 857), five judges held that unilateral appointment clauses and compulsory PSU panels violate party equality — prospectively reshaping every arbitration clause.

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2 September 2026 · Commercial & Corporate

Unstamped but Not Void: The Seven-Judge Ruling on Arbitration Agreements and Stamp Duty

In Re Interplay (2023 INSC 1066): non-stamping makes an instrument inadmissible, not void; stamping objections belong to the arbitral tribunal, and referral courts no longer stall appointments.

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1 September 2026 · Commercial & Corporate

The Strictest Duty of Candour: Ex-Parte Injunction Vacated for Suppression

A Delhi High Court Division Bench vacated an ex-parte injunction obtained by concealing a cease-and-desist notice and trademark opposition, imposing Rs. 2 lakh costs and restating Order 39 Rule 3 discipline.

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1 September 2026 · Commercial & Corporate

MSME Dues and the IBC: When Insolvency Pressure Works — and When It Backfires

The Section 8 demand notice, the one-crore threshold, the pre-existing dispute defence and Section 240A's protections for MSME debtors — choosing between the NCLT route and a Samadhaan reference.

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1 September 2026 · Commercial & Corporate

Works Contracts, Composite Supplies and the MSMED Act

Do supply-and-install and construction engagements count as 'goods or services' for Sections 15-18 MSMED claims? The characterisation fight, and how invoices, Udyam registration and GST records decide it.

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1 September 2026 · Commercial & Corporate

Court-Ordered Protection Around an Arbitration: Section 9 Interim Measures

Interim relief before, during and after arbitral proceedings, the ninety-day commencement rule, the Section 9(3) bar once a tribunal exists, and the Section 42 venue consequences of the first filing.

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1 September 2026 · Commercial & Corporate

Arbitrability: The Disputes an Arbitration Clause Cannot Capture

Rights in rem versus in personam, the excluded categories — crimes, matrimonial status, insolvency, rent-controlled tenancies — and the narrowed fraud exception, across Sections 8, 11, 16 and 34.

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1 September 2026 · Commercial & Corporate

Stopping the Encashment: Injunctions Against Bank Guarantees

Unconditional bank guarantees pay first and litigate later. The independence principle, the established-fraud and irretrievable-injustice exceptions, and how restraint applications are fought in Delhi.

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31 August 2026 · Commercial & Corporate

The MSEFC’s 90-Day Timeline – Advocate Manish Jha

Section 18(5) MSMED Act directs Facilitation Councils to decide references within ninety days — what the clock covers, why references stall, and the levers that move a stalled claim.

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31 August 2026 · Commercial & Corporate

Who Can Invoke the MSMED Act? – Advocate Manish Jha

Delayed-payment claims rise or fall on the Section 2(n) supplier definition — enterprise category, Udyam registration timing, the trader exclusion, and what buyers attack first.

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31 August 2026 · Commercial & Corporate

Amending Pleadings: Commercial Suits – Advocate Manish Jha

Order VI Rule 17 in the commercial courts climate: the trial-commencement proviso, due diligence, late documents under Order XI, and statements of truth for amended pleadings.

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31 August 2026 · Commercial & Corporate

Ex Parte in Commercial Suits – Advocate Manish Jha

The 120-day written statement bar, Order IX mechanics, ex parte decrees and the three routes back — Rule 7, Rule 13 and the first appeal — with the clocks that govern each.

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 204 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.