Authority: Supreme Court of India, Civil Appellate Jurisdiction

Order Date: 21 August 2026

Case Overview

  • Parties: Appellant – M/S ANCL AND CO. (INDIA) PVT LTD; Respondent – M/S JAGRAN SOCIAL WELFARE SOCIETY & Anr.
  • Contract: On 14‑Nov‑2008 the parties entered into a construction contract containing an arbitration clause nominating the President of the respondent society as sole arbitrator.
  • Dispute: After purported completion, the appellant raised a bill; the respondent alleged delay, leading to arbitration proceedings. No notice under Section 21 of the Arbitration and Conciliation Act, 1996 was issued.
  • Arbitrator Action: The sole arbitrator proceeded ex‑parte and passed an award on 16‑Aug‑2011 for Rs 75,00,000/‑ in favour of the respondent.
  • Appeal under Section 34: The appellant filed a petition under Section 34 of the Act, which was dismissed on 17‑Mar‑2020.
  • Arbitration Appeal No. 35/2020: The appellant filed an appeal under Section 37, which remains pending before the High Court of Madhya Pradesh, Jabalpur.
  • Stay Application: The appellant sought an absolute stay of the award on grounds of procedural illegality. The High Court allowed the application in part, directing the appellant to deposit 50 % of the award amount (Rs 37,50,000) as a pre‑condition for the stay.
  • Execution Proceedings: The Supreme Court, by order dated 09‑Jul‑2026, stayed further proceedings in Execution (Comm.) No. 253/2022 pending before the District & Sessions Judge, South‑East, Saket, New Delhi. The stay remains operative.
  • Current Supreme Court Order: The Court declined to examine the parties’ contentions, noting that such scrutiny could prejudice the pending High Court appeal. It directed the High Court to dispose of Arbitration Appeal No. 35/2020 expeditiously, preferably within six months from the date of this order. The stay of execution proceedings is to continue during the pendency of the High Court appeal.
  • Costs: No order as to costs.
  • Procedural Notes: The order was digitally signed by Neha Gupta on 02‑Sep‑2026 (signature not verified). Counsel for the petitioner included Mr. Udit Seth, Mr. Anil Seth, and Mr. Ravi Shankar (AOR). Counsel for the respondent included Mr. Nanju Ganpathy, Sr. Adv. Mr. Ashutosh Mahajan, and Mr. Rohan Ganpathy (AOR).

Final Outcome

  • The Supreme Court allowed the civil appeal in part, confirming the stay of execution proceedings and directing the High Court to dispose of the arbitration appeal within six months. No costs were awarded, and any pending applications are consigned to the record.

Topics: Arbitration, Execution Stay