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Regenta Hotels Private Limited v. M/s Hotel Grand Centre Point & Ors.

with connected contempt petition · 2026 INSC 32Decided 7 Jan 2026
with connected contempt petition
Justice Dipankar Datta · Justice Augustine George Masih

Background

An interim injunction obtained pending arbitration was held to have lapsed by lower courts, who measured the 90-day "commencement" window from when a Section 11 court petition (asking for an arbitrator) was filed, rather than from the earlier arbitration notice.

Decision Breakdown

The Supreme Court held arbitration "commences" under Section 21 when the other side receives the arbitration notice, not when a later court petition is filed, since the notice here was well within 90 days of the injunction, it never lapsed, and the injunction was restored.

Lesson Learnt

The 90-day clock for "commencing" arbitration runs from when you send your arbitration notice, not from when you later approach a court for an arbitrator's appointment.

Official source (sci.gov.in)View Judgment (PDF)

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