Counterclaim Archives

CIRP and subsequent jurisdictional proceedings constitute sufficient cause: Bombay HC extends SAP India’s Arbitral Tribunal mandate by one year

The High Court held that the delay in completion of the arbitral proceedings could not be attributed to any deliberate, wilful or negligent default on the part of the petitioner or the tribunal and that sufficient cause had been made out for extension of the mandate under Section 29-A (5), Arbitration Act.

Case Briefs High Courts

‘Counterclaim akin to a cross-suit, can proceed independently’: Allahabad HC allows counterclaim to proceed after withdrawal of main suit

“Insofar as Rule 6-D of Order VIII C.P.C., it clearly provides for “Effect of discontinuance of suit” that if in any case in which the defendant sets up a counterclaim, the suit of the plaintiff is stayed, discontinued or dismissed, the counter-claim may nevertheless be proceeded with.”

Case Briefs High Courts

‘Admissions in pleading are primarily germane’; Calcutta High Court directs rehearing of application under Order XII Rule 6 CPC

Calcutta High Court held that the trial court erred in considering extraneous documents regarding Thika Tenancy, as the defendants had not pleaded such defenses in their written statement.

Op Eds OP. ED.

The Interpretation of “Sum in Dispute” in ONGC v. Afcons and its Application to the Bombay High Court Arbitration Rules

by Dormaan Jamshid Dalal*

Case Briefs Supreme Court

Rejecting counter-claim or set-off may lead to parallel proceedings before various fora and offend the very purpose S. 23 of Arbitration Act: SC

Supreme Court: The Division Bench of M.R. Shah* and Sanjiv Khanna, JJ., reversed concurrent findings of the Arbitral Tribunal and the Delhi