Monthly Newsletter - May 2026

ARBITRATION

Date: 27 May 2026

Case Name: Tarini Prasad Mohanty v. Sunflag Iron and Steel Company Limited, Civil Appeal No. 8218 of 2026 (Arising out of SLP (C) No. 27534 of 2025)

Forum: Supreme Court

The appeal arose from an arbitral dispute in which the appellant challenged an order of the Arbitral Tribunal rejecting an objection under Section 16 of the Arbitration and Conciliation Act, 1996. The appellant contended that various agreements executed between the parties were insufficiently stamped and, being in the nature of “conveyance”, ought to have been impounded before arbitration could proceed. While the Arbitrator rejected the objection and held that the agreements were merely agreements to sell, a Single Judge of the Orissa High Court entertained a writ petition under Articles 226 and 227 of the Constitution and directed impounding of the documents. The Division Bench subsequently reversed the decision, leading to the present appeal.