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The NCLAT held that a PIN code mismatch in invoices does not rebut the supply presumption under IBC Section 9 when TDS deductions and GST input tax credit establish debt and default, clarifying that minor clerical errors cannot defeat insolvency claims.
The Delhi HC held that a prima facie case under Section 9 of the Arbitration Act warrants interim relief, directing arbitration and restraining the respondent from dealing with the sub-leased premises, aiding landlords to secure interim measures.
The Delhi HC held that Section 9 interim measures continue until the arbitral tribunal is constituted, after which the matter shifts to Section 17 and the tribunal may modify or vacate them, clarifying shift of interim relief from courts to tribunals.
Milestone payments under the EPC agreement are treated as operational debt under Section 5(21) of the IBC, and the creditor’s Section 9 petition is dismissed as time-barred after three years. The ruling confirms that such contracts continue despite delays, limiting insolvency claims by contractors. This impacts EPC contractors and lenders seeking recovery in insolvency proceedings.
The Supreme Court upheld a Delhi High Court order directing the appellant to deposit Rs 3.5 crore under Section 9 of the Arbitration Act, clarifying that courts may grant interim security to a party who ultimately loses the arbitration where equity demands it. This ruling expands the scope of Section 9, allowing preservation of assets even when the applicant’s substantive claim is weak, affecting all parties seeking interim protection during arbitration.
Karnataka High Court ruled that the 2010 Finance Act amendment to Section 9(1)(vii) of the Income-Tax Act applies only prospectively, preserving the Supreme Court’s territorial-nexus principle. Consequently, taxpayers providing offshore technical services can claim refunds for taxes previously demanded.
Bombay High Court rules that a prima facie breach of an LLP agreement, including expulsion clauses, entitles aggrieved partners to interim relief under Section 9 of the Arbitration Act. The judgment clarifies that courts may restrain expelled partners from interfering with ongoing projects while preserving arbitration rights, setting a precedent for commercial disputes involving partnership expulsions.
Bombay High Court reinforces interim protection under Section 9 of the Arbitration Act by restraining further transfers of 152 disputed plots and appointing a symbolic Receiver. The ruling clarifies that registered conveyance deeds override unregistered agreements, ensuring preservation of arbitration subject-matter for developers and investors in real estate disputes.
Bombay High Court mandates asset disclosure as a precondition for enforcing a foreign arbitral award under Section 9, directing security for USD 610,818.68. The ruling underscores that non-disclosure of executable assets may jeopardize interim protection, reinforcing the need for compliance with enforcement proceedings.
Bombay High Court holds that disputes relating to possession under licensor-licensee agreements fall exclusively under the Small Causes Court's jurisdiction, rendering arbitration clauses unenforceable. This ruling impacts commercial tenants and landlords seeking interim relief under the Arbitration Act, reinforcing the primacy of statutory jurisdiction over contractual arbitration.
The Bombay High Court has ruled that a Court Receiver appointed under Section 9 of the Arbitration Act remains in equitable custody until the substantive dispute between the parties is finally settled, regardless of a subsequent consent award. This ensures asset preservation aligns with the arbitration’s ultimate outcome, affecting parties relying on interim receiverships in complex partnership or property disputes.
Madhya Pradesh High Court holds that transfer of matrimonial cases cannot be granted merely on convenience; prior filed petition must prevail to avoid conflicting judgments.
Bombay High Court holds that Section 9 petitions may be converted to Section 17 applications once arbitral tribunal is constituted, clarifying procedural boundaries for interim relief in arbitration.