Saturday, 7 November 2026 कौन ज़िम्मेदार?
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Supreme Court refers arbitration pre-deposit case to larger bench

The case concerns a dispute over whether a contractual clause requiring a contractor to deposit 10% of the claim amount as security before invoking arbitration is valid and enforceable.

The Supreme Court is examining the constitutionality of this pre-deposit requirement in light of conflicting precedents.

Who it concerns: Appellant: M/s Santosh Associate Private Limited; Respondent: Haryana State Industrial and Infrastructure Development Corporation Ltd.; Judge: Justice Manmohan.

What the court decided

  • The Court granted leave to appeal.
  • The Court referred the matter to a larger bench.
  • The Court expressed doubt regarding the 2009 precedent (S.K. Jain vs. State of Haryana) relied upon by the lower courts.

Also in the document

  • The Commercial Court and Sole Arbitrator had previously dismissed the Appellant's claim for non-compliance with the 10% pre-deposit clause.
  • The Appellant argued the clause violates Article 14 of the Constitution and Section 18 of the Arbitration Act, citing recent Supreme Court decisions (ICOMM Tele Ltd., Lombardi Engineering Ltd., CORE) that struck down similar clauses.
  • The Respondent argued that the 2009 precedent remains binding and that the clauses in the cited cases were materially different.

How this was written

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The original document

Supreme Court of India — orders & judgments

Court order · 17 Aug 2026

Order 17 Aug 2026 · 0.5 MB Open the document On livelaw.in ↗
Read it here

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