Matsya Fincap Pvt Ltd vs. Mohd Hassinuddin

First Appeal from Order (Commercial) · 2026:DHC:7849-DBDecided 16 Sept 2026New Delhi Bench
FAO (COMM) 221/2024CNR: DLHC010810302024
Justice Anil Kshetarpal · Justice Shail Jain

Background

A finance (NBFC) company had advanced a small business loan, with the respondent acting as guarantor. After an alleged default, the finance company invoked arbitration and, without the guarantor ever appearing, obtained an ex-parte award against him from an arbitrator that the finance company itself had appointed, even though that same arbitrator's name happened to already appear in the loan agreement's arbitration clause. A District Judge set the award aside, finding the appointment was effectively unilateral (violating a legal safeguard requiring neutral tribunal composition) and also questioning the loan's interest rate under a state money-lending law. The finance company appealed but had never even shown up to contest the case before the District Judge.

Decision Breakdown

The High Court held that merely naming an arbitrator in advance inside a loan agreement does not by itself make a later appointment "mutual", since the record showed the finance company alone sent the appointment letter and the arbitrator alone accepted it after the dispute arose, with the guarantor never having any say or giving any written waiver of his right to object. Under arbitration law, a party cannot control who decides a dispute in this one-sided way unless the other side later expressly agrees in writing. Because this defect alone was enough to invalidate the award, the Court did not even need to rule on the separate interest-rate or location-of-arbitration arguments, and dismissed the finance company's appeal.

Lesson Learnt

A lender cannot get around the rule against picking its own biased arbitrator just by having that arbitrator's name pre-written into the loan contract: if the lender alone activates that person's appointment after a dispute breaks out, without the borrower's fresh written consent, the resulting award can be thrown out.

Arbitration & Commercial LawSupreme Court of India

Modern Asset v. KNK Constructions Private Limited

The Supreme Court held that an arbitration clause survives termination of the underlying contract (the "doctrine of separability") and that, at the Section 11 reference stage, courts only check for the prima facie existence of an arbitration agreement: deeper questions about the effect of the resolution plan are for the arbitrator. It confirmed that while the IBC's "clean slate" principle extinguishes creditors' claims against the insolvent company once a resolution plan is approved, it does not extinguish the claims the company itself (through its SRA) may have against its own debtors, since the Resolution Professional had not raised a counter-claim on KNK's behalf during the insolvency process. However, noting the inequity of letting KNK recover fresh dues on the same contract while Modern Asset's own claim had been wiped out to 0.72 %, and following its own recent precedent in Ujaas Energy, the Court modified the High Court's order: Modern Asset may raise its extinguished claim in the arbitration solely as a set-off against any amount it is found to owe KNK, but cannot use it to claim any fresh recovery.

Decided 8 Oct 2026Read case
Arbitration & Commercial LawDelhi High Court

S And P Infrastructure Developers (Pvt) Ltd vs. National Highways Authority of India

The Court held that the Joint Registrar's order overlooked an earlier ruling of this Court (M/s URC Construction (P) Ltd. v. Airports Authority of India) establishing that an instrument must be stamped at or before execution, with any delay attracting penalty, not just a top-up payment. Since the Joint Registrar's order was not in line with the Indian Stamp Act, 1899, the Court set it aside. The decree holder's counsel then sought to withdraw the petition with liberty to refile once the stamp duty issue was properly resolved, which the Court granted.

Decided 8 Oct 2026Read case
Arbitration & Commercial LawSupreme Court of India

Shubham Equipment Private Limited & Anr. v. Rothwell Water Company Limited & Ors.

The Supreme Court held that the Licence Agreement, the JVA, and the MoU each covered different subject matter (technology licensing, the joint venture company, and logistics services respectively), so the JVA and MoU's own arbitration clauses, providing for arbitration in Mumbai under Indian law, governed the disputes arising under them, not the Licence Agreement's Korea clause. Both agreements also contained "entire agreement" clauses showing they were meant to stand independently. The Court restricted itself to the limited inquiry required at the reference stage under Section 11(6-A), whether an arbitration agreement prima facie exists, and left deeper questions, including whether a non-signatory subsidiary (RBIPL) could be bound, to the arbitrator. It allowed the petitions and appointed a former Chief Justice of the Bombay High Court as the sole arbitrator.

Decided 8 Oct 2026Read case
Arbitration & Commercial LawDelhi High Court

M/S Redcliffe Lifetech Pvt Ltd vs. Connect and Heal Primary Care Pvt. Ltd.

Since the dispute was resolved, the petitioner's counsel sought leave to withdraw the petition rather than continue with it. The Court granted leave and dismissed the petition as withdrawn, along with any pending applications.

Decided 7 Oct 2026Read case
Arbitration & Commercial LawDelhi High Court

M/S Redcliffe Lifetech Pvt. Ltd. vs. Lifespan Wellness Private Limited

The Court reiterated that at the stage of appointing an arbitrator under Section 11, it need only check whether an arbitration agreement exists on its face, not decide the merits of the dispute. Finding the arbitration clause undisputed, the Court appointed a named advocate as sole arbitrator under the aegis of the Delhi International Arbitration Centre (DIAC), leaving all other objections (including arbitrability and jurisdiction) to be decided by the arbitrator.

Decided 7 Oct 2026Read case
Arbitration & Commercial LawDelhi High Court

M/S. Keshari Multi Functional Complex Pvt Ltd vs. Rail Land Development Authority

Because the awarded amount was already deposited pursuant to the earlier stay order, the Court held nothing further survived for consideration in the present enforcement petition. It disposed of the petition, giving the decree holder liberty to refile later after paying the proper stamp duty (and any penalty) under the Indian Stamp Act, 1899.

Decided 7 Oct 2026Read case