As per case facts, the Appellant's claim was dismissed by the Sole Arbitrator and subsequently by the Commercial Court for failing to deposit a mandatory percentage of the claim amount ...
2026 INSC 872
SLP (C) No. 31245 of 2025 Page 1 of 16
REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. OF 2026
@ SLP (C) No. 31245 of 2025
M/S SANTOSH ASSOCIATE PRIVATE LIMITED .…. APPELLANT
VERSUS
HARYANA STATE INDUSTRIAL AND INFRASTRUCTURE
DEVELOPMENT CORPORATION LTD. ..…RESPONDENT
J U D G M E N T
MANMOHAN, J.
1. Leave granted.
2. The present Appeal has been filed challenging the judgment dated 12
th
September 2025 passed by the Commercial Court, Gurugram whereby the appeal
filed by the Appellant under Section 37(2) of the Arbitration & Conciliation Act,
1996 (‘the Act’) was dismissed. The Commercial Court affirmed the order dated
1
st
August 2025 passed by the Sole Arbitrator, who had allowed the Respondent’s
application under Section 16 of the Act and dismissed the Appellant’s claim in its
SLP (C) No. 31245 of 2025 Page 2 of 16
entirety for non-compliance with the contractual stipulation requiring a prior
security deposit of ten per cent (10%) of the claim amount.
FACTUAL BACKGROUND
3. The Respondent invited e-tenders on 7
th
November 2016 for the execution
of storm water drainage systems and contingent works at Sector-35, Udyog Vihar,
Phase-VII, Gurugram. The Appellant participated in the bidding process and was
awarded the contract on 17
th
May 2017 for a total consideration of Rupees Five
Crore Fourteen Lakh Eleven Thousand Six Hundred and Thirty-Five Only
(₹5,14,11,635/-). The contract contained an arbitration clause, Clause 25-A(vii),
which mandated that a contractor , in the event of raising claims exceeding Rupees
One Lakh (₹ 1,00,000/ -), must deposit ten per cent (10%) of the claim amount as
security prior to reference to arbitration. Clause 25-A(vii) is reproduced
hereinbelow:
"It is also a term of this arbitration agreement that where the party invoking
arbitration is the contractor, no reference for arbitration shall be maintainable unless
the contactor furnishes to the satisfaction of the Executive Engineer In charge of the
work, a security deposit of a sum determined according to details given below and the
sum so deposited shall on the termination of the arbitration proceedings, be adjusted
against the cost, if any, awarded by the arbitrator against the claimant party, and the
balance remaining after such adjustment in the absence of any such cost being
awarded, the whole of the sum will be refunded to him within one month from the
date of the Award.”
Amount of Claims Rate of Security Deposit
i. For claims below Rs. 10,000/ - 2% of the amount claimed
ii. For claims of Rs. 10,000/ - 5% of the amount claimed
and above but below Rs. 1,00,000/-
iii. For claims of Rs.1,00,000 and above. 10% of the amount claimed….”
(emphasis supplied)
SLP (C) No. 31245 of 2025 Page 3 of 16
4. During execution, the project encountered site-related challenges, resulting
in a significant reduction in scope. Consequently, the contract value was revised
to Rupees Two Crore Forty Lakh Ninety- Three Thousand and Fifty-Nine Only
(₹2,40,93,059/-) on 19
th
January 2021. Upon completion of the reduced scope,
disputes arose concerning final settlement of payments.
5. On 8
th
August 2024, the High Court of Punjab and Haryana exercising
jurisdiction under Section 11(6) of the Act appointed Justice (Retd.) Surender
Gupta as Sole Arbitrator. At the threshold of proceedings, the Respondent filed
an application under Section 16 of the Act, contending that the reference was not
maintainable owing to the Appellant’s failure to furnish the mandatory ten per
cent (10%) deposit for claims exceeding Rupees One Lakh Only ( ₹1,00,000/).
6. The Sole Arbitrator upheld the Respondent’s objection and directed the
Appellant to deposit ten per cent (10%) of the claim amount within fifteen (15)
days. Upon refusal, the Appellant’s claim was dismissed in entirety.
7. Aggrieved by the same, the Appellant filed an appeal under Section 37(2)
of the Act before the Commercial Court, Gurugram. By order dated 12
th
September 2025, the Court dismissed the appeal, holding that the Arbitrator’s
view was plausible and supported by the precedent in S.K. Jain vs. State of
Haryana, (2009) 4 SCC 357.
SUBMISSIONS ON BEHALF OF THE APPELLANT
8. Mr. Shreeyash U. Lalit, learned counsel for the Appellant, argued that
Clause 25-A(vii) is unconstitutional, being violative of Article 14 of the
SLP (C) No. 31245 of 2025 Page 4 of 16
Constitution of India. He submitted that the clause discriminated against
contractors by requiring them alone to furnish a pre-deposit, while the State was
exempt.
9. He further submitted that the requirement of a ten per cent ( 10%) deposit
bore no rational nexus to the objective of curbing frivolous claims, since such
claims could always be addressed through costs at the conclusion of arbitration
under Section 31(8) of the Act. He also pointed out that on a claim of Rupees One
Crore Seventy Seven Lakhs (₹1,77,00,000/ -), as in the present instance, the
Appellant would have to furnish a security deposit of Rupees Seventeen Lakhs
Seventy Thousand (₹17,70,000/-), whereas the ad valorem court fee payable in a
Civil Suit in Haryana on the same amount of claim would merely amount to
Rupees Seven Lakhs Sixteen Thousand Three Hundred (₹7,16,300/-).
10. He contended that reliance in the impugned order upon S.K. Jain (supra)
is misconceived. In that case, this Court had rejected the plea of unequal
bargaining power and unconscionability but had not examined whether the
arbitration clause was violative of Article 14. According to learned counsel, the
clause is manifestly one-sided, operating solely against contractors and is
contrary to Section 18 of the Act which mandates equal treatment of parties at all
stages of arbitral proceedings.
11. Mr. Lalit, learned counsel further relied on ICOMM Tele Ltd. v s. Punjab
State Water Supply,(2019) 4 SCC 401, where in this Court struck down a similar
clause as arbitrary under Article 14. The Court held that unless litigation was
SLP (C) No. 31245 of 2025 Page 5 of 16
shown to be frivolous, neither exemplary costs nor pre-deposit could be imposed.
It also observed that pre-deposit clauses discourage arbitration and undermine its
objective of declogging the court system.
12. He also cited Lombardi Engineering Ltd. vs. Uttarakhand Jal Vidyut
Nigam Ltd., (2024) 4 SCC 341, where a three-Judge Bench of this Court held
that, “The concept of “party autonomy” as pressed into service by the respondent
cannot be stretched to an extent where it violates the fundamental rights under
the Constitution. For an arbitration clause to be legally binding it has to be in
consonance with the “operation of law” which includes the Grundnorm i.e. the
Constitution. It is the rule of law which is supreme and forms parts of the basic
structure. The argument canvassed on behalf of the respondent that the petitioner
having consented to the pre-deposit clause at the time of execution of the
agreement, cannot turn around and tell the Court in a Section 11(6) petition that
the same is arbitrary and falling foul of Article 14 of the Constitution is without
any merit”.
13. He further relied on the Constitution Bench decision in Central
Organisation for Railway Electrification (CORE) vs. M/s
ECI-SPIC-SMO-MCML (JV), (2025) 4 SCC 641, which affirmed ICOMM Tele
Ltd. (supra) and Lombardi Engineering Ltd. (supra). According to him, the
Constitution Bench reiterated that principles of non-arbitrariness apply even
when government instrumentalities contract with private parties and that equal
treatment of parties must be ensured at all stages of arbitration.
SLP (C) No. 31245 of 2025 Page 6 of 16
14. Mr. Lalit submitted that S.K. Jain (supra) did not constitute a binding
precedent as it was sub silentio on Article 14 and Sections 18 and 38 of the Act,
which issues were later considered in ICOMM Tele Ltd. (supra), Lombardi
Engineering Ltd. (supra) and CORE (supra). He reiterated that this Court in S.K.
Jain (supra) only considered the question of unequal bargaining power and cap
on quantum payable. He explained sub silentio as a situation where a point of law
is not perceived or addressed by the Court. In support of his submission, he relied
upon the judgment of this Court in Municipal Corporation of Delhi vs. Gurnam
Kaur, (1989) 1 SCC 101, wherein this Court has held as under: -
“11. Pronouncements of law, which are not part of the ratio decidendi are classed
as obiter dicta and are not authoritative. With all respect to the learned Judge who
passed the order in Jamna Das case [ Writ Petitions Nos. 981-82 of 1984] and to
the learned Judge who agreed with him, we cannot concede that this Court is bound
to follow it. It was delivered without argument, without reference to the relevant
provisions of the Act conferring express power on the Municipal Corporation to
direct removal of encroachments from any public place like pavements or public
streets, and without any citation of authority. Accordingly, we do not propose to
uphold the decision of the High Court because, it seems to us that it is wrong in
principle and cannot be justified by the terms of the relevant provisions. A decision
should be treated as given per incuriam when it is given in ignorance of the terms
of a statute or of a rule having the force of a statute. So far as the order shows, no
argument was addressed to the court on the question whether or not any direction
could properly be made compelling the Municipal Corporation to construct a stall
at the pitching site of a pavement squatter. Professor P.J. Fitzgerald, editor of
the Salmond on Jurisprudence, 12th Edn. explains the concept of sub silentio at p.
153 in these words:
A decision passes sub silentio, in the technical sense that has come to be
attached to that phrase, when the particular point of law involved in the decision
is not perceived by the court or present to its mind. The court may consciously
decide in favour of one party because of point A, which it considers and
pronounces upon. It may be shown, however, that logically the court should not
have decided in favour of the particular party unless it also decided point B in
his favour; but point B was not argued or considered by the court. In such
circumstances, although point B was logically involved in the facts and although
the case had a specific outcome, the decision is not an authority on point B. Point
B is said to pass sub silentio.
SLP (C) No. 31245 of 2025 Page 7 of 16
12. ….Precedents sub silentio and without argument are of no moment. This rule
has ever since been followed. One of the chief reasons for the doctrine of precedent
is that a matter that has once been fully argued and decided should not be allowed
to be reopened. The weight accorded to dicta varies with the type of dictum. Mere
casual expressions carry no weight at all. Not every passing expression of a judge,
however eminent, can be treated as an ex cathedra statement, having the weight of
authority.”
SUBMISSIONS ON BEHALF OF THE RESPONDENT
15. Mr. Harsh Mehla, learned counsel for the Respondent, argued that S.K.
Jain (supra) remains a binding precedent. He submitted that this Court had upheld
the validity of pre-deposit clauses where deposits were refundable on the ground
that such clauses serve the legitimate purpose of deterring frivolous disputes.
16. He contended that arbitration clauses in S.K. Jain (supra), ICOMM Tele
Ltd. (supra) and Lombardi Engineering Ltd. (supra) were materially different.
The learned counsel for the Respondent drew attention of this Court towards a
comparison table of the aforementioned precedents:
Citation S.K. Jain vs. State of
Haryana (2009) 4
SCC 357
ICOMM Tele Ltd.
vs. Punjab Board
(2019) 4 SCC 401
Lombardi Engineering
vs. UJVNL (2024) 4 SCC
341
Bench
Strength
3 Judge Bench 2 Judge Bench 3 Judge Bench
Clause in
dispute
“25-A. (7) It is also a
term of this contract
agreement that where
the party invoking
arbitration is the
contractor, no
reference for
arbitration shall be
maintainable unless
the contractor
furnishes to the
satisfaction of the
Executive Engineer in
“viii. It shall be an
essential term of this
contract that in order
to avoid frivolous
claims the party
invoking arbitration
shall specify the
dispute based on
facts and
calculations stating
the amount claimed
under each claim
and shall furnish a
(a) All questions and
disputes relating to the
meaning of the
specification design,
drawing and instructions
herein and as to the
quality of workmanship or
materials used on the
work or as to any other
question, claim, right,
matter or thing,
whatsoever in any way
arising out of or relating
SLP (C) No. 31245 of 2025 Page 8 of 16
charge of the work, a
security deposit of a
sum determined
according to details
given below and the
sum so deposited
shall, on the
termination of the
arbitration
proceedings be
adjusted against the
costs, if any, awarded
by the arbitrator
against the claimant
party and the balance
remaining after such
adjustment in the
absence of any such
costs being awarded, the whole of the sum
will be refunded to
him within one month
from the date of the
award – …”
“deposit-at-call” for
ten per cent of the
amount claimed, on
a schedule bank in
the name of the
arbitrator by his
official designation
who shall keep the
amount in deposit till
the announcement of
the award. In the
event of an award in
favour of the
claimant, the deposit
shall be refunded to
him in proportion to
the amount awarded
with reference to the
amount claimed and
the balance, if any,
shall be fortified and
paid to the other
party”.
to the contract, designs,
drawings, specification,
estimates, instructions,
orders or these conditions
or otherwise concerning
the works or the execution
or failure to execute the
same, whether arising
during the progress of the
work or after the
cancellation, termination,
completion or
abandonment thereof,
shall be conducted in
accordance with the
provisions of the
Arbitration and
Conciliation Act, 1996 or
any statutory
modification or re-
enactment thereof and the
rules made thereunder
and for the time being in
force shall apply to the
arbitration proceedings.
However, the party
initiating the arbitration
claim shall have to
deposit 7% of the
arbitration claim in the
shape of fixed deposit
receipt as security
deposit.
(b) On submission of
claims the arbitrator shall
be appointed as per the
following procedure:
(I) For claim amount up
to Rs 10.00 crore, the case
shall be referred to sole
arbitrator to be appointed
by the Principal
Secretary/Secretary
(Irrigation), GoU….”
SLP (C) No. 31245 of 2025 Page 9 of 16
17. Relying on the aforesaid arbitration clauses, he submitted that in ICOMM
Tele Ltd. (supra) , the clause was struck down because it provided for forfeiture
of deposits even when the claimant succeeded in the arbitration proceedings. In
contrast, the present clause, akin to that in S.K. Jain (supra) merely required a
refundable security deposit, without punitive forfeiture.
18. He further argued that Lombardi Engineering Ltd. (supra) reaffirmed that
only clauses foreclosing access to arbitration or mandating partial forfeiture
irrespective of outcome would offend Article 14 of the Constitution. Refundable
deposit clauses, such as the one in the present case remain valid as they are
designed to discourage unmeritorious claims without being punitive.
19. Accordingly, he submitted that S.K. Jain (supra) continues to govern
refundable deposit clauses and the Arbitrator and Commercial Court rightly
applied it in dismissing the Appellant’s claim.
REASONING
20. Having heard learned counsel for the parties, this Court considers it
appropriate, at the outset, to recapitulate the ratio decidendi of S.K. Jain (supra),
ICOMM Tele Ltd. (supra), Lombardi Engineering Ltd. (supra) and CORE
(supra).
21. In S.K. Jain (supra), a three Judge Bench of this Court rejected the plea of
unequal bargaining power of the parties and unconscionability of the arbitration
clause to the extent it required the contractor alone to make a pre-deposit of seven
per cent (7%) of the amount claimed prior to reference of disputes to arbitration.
SLP (C) No. 31245 of 2025 Page 10 of 16
The three Judge Bench of this Court also held that there is logic in the arbitration
clause to the extent it prescribes higher amount of security deposit/fees
commensurate with the magnitude of the claim. The Court in S.K. Jain (supra)
held that such a pre-deposit condition in the arbitration clause ‘ …is the balancing
factor to prevent frivolous and inflated claims’. Accordingly, it held the pre -
deposit condition to be non- arbitrary, reasonable and having nexus with the object
sought to be achieved. Consequently, we are of the view that it is prima facie
difficult for a combination of two Judges to hold that the argument qua Article 14
was not advanced in the S.K. Jain (supra) case.
22. In ICOMM Tele Ltd. (supra), however, a two Judge Bench of this Court
held that any requirement with regard to pre-deposit prior to reference of matter
to arbitration would discourage alternative dispute resolution and would be
contrary to the objective of declogging the court system. It also held that in S.K.
Jain (supra) case, no plea had been advanced that the pre-deposit condition in the
arbitration clause was violative of Article 14 of the Constitution on the ground of
arbitrariness. Accordingly, it held that as the arbitration clause in the said case
provided for refund in proportion to the amount awarded against the amount
claimed, the pre-deposit condition was arbitrary and materially different from the
arbitration clause in S.K. Jain (supra) case. The Court, additionally held that a
stipulation mandating a pre-deposit of ten per cent (10%) of the claim amount,
prior to any determination of frivolousness, lacked a direct nexus with the object
of curbing frivolous claims and was therefore arbitrary.
SLP (C) No. 31245 of 2025 Page 11 of 16
23. In Lombardi Engineering Ltd. (supra), a three Judge Bench held that party
autonomy cannot extend to contractual terms that infringe fundamental rights and
that frivolous claims can be addressed through costs. However, in the said
judgment, it was held that there is no conflict between S.K. Jain (supra) and
ICOMM Tele Ltd. (supra) as the relevant arbitration clauses in both the cases
were materially distinct and stood on different footing.
24. The Constitution Bench of this Court in CORE (supra) held that Section
18 of the Act is mandatory and a non-derogable provision which applies to all
stages of the arbitral proceedings including the process of appointment of
Arbitrator. Moreover, though the Constitution Bench quoted with approval the
judgment in S.K. Jain (supra), it summarised the judgments in ICOMM Tele Ltd.
(supra) and Lombardi Engineering Ltd. (supra) as under:-
“148. …..To determine the validity of the clause from the viewpoint of arbitrariness,
this Court held that a contractual clause would be arbitrary “which would be unfair
and unjust and which no reasonable man would agree to”. This Court termed the
pre-deposit clause to be violative of Article 14 for being excessive and
disproportionate. Importantly, the Court held that the pre-deposit requirement was
contrary to the object of arbitration because it served as a deterrent for a party to
invoke arbitration. The pre-deposit clause was termed arbitrary for defeating the
purpose of arbitration.
149. In Lombardi, a decision of a three-Judge Bench of this Court…..this Court
observed that party autonomy “cannot be stretched to an extent where it violates the
fundamental rights under the Constitution”. It was concluded that the pre-deposit
clause violated Article 14 of the Constitution.”
25. This Court, mindful of the bounds of judicial discipline and the enduring
authority of precedents, is constrained to observe that ICOMM Tele Ltd. (supra),
being a decision of a two Judge Bench, could not override the principle of law
enunciated by the three Judge Bench in S.K. Jain (supra), even though this Court
SLP (C) No. 31245 of 2025 Page 12 of 16
is prima facie in agreement with the reasoning advanced in ICOMM Tele Ltd.
(supra).
26. Subsequently, a three Judge Bench of this Court in Lombardi Engineering
Ltd. (supra) expressly held in paragraph 61 that there is no conflict between S.K.
Jain (supra) and ICOMM Tele Ltd. (supra). Consequently, it is difficult for this
two Judge Bench combination to hold that S.K. Jain (supra) judgment is sub
silientio or no longer good law. It bears reiteration that neither Lombardi
Engineering Ltd. (supra) nor the Constitution Bench in CORE (supra) has held
that S.K. Jain (supra) is not good law.
27. Moreover, an argument not considered in the earlier judgments is that the
right to sue inheres in every individual, save where expressly barred by statute. It
is settled law that a litigant may, at his own peril, institute a suit of his choice. In
Smt. Ganga Bai vs. Vijay Kumar and Ors., (1974) 2 SCC 393, this Court held
that it is no defence to contend, howsoever frivolous the claim may appear, that
the law confers no such right. Unlike an appeal, the maintainability of a suit
requires no statutory sanction. It suffices that no enactment prohibits it.
28. Further, Section 28 of the Indian Contract Act, 1872 declares void any
agreement that absolutely restrains a party from enforcing contractual rights ‘by
the usual proceedings in ordinary tribunals’. The sole statutory exception is the
reference of disputes to arbitration (first under the Arbitration Act, 1940, and now
under the Arbitration and Conciliation Act, 1996). Arbitration, under the
framework of our Contract law, remains an exception to litigation in courts, not
SLP (C) No. 31245 of 2025 Page 13 of 16
its substitute or alternative! As the late learned Mr. Fali S. Nariman, Senior
Advocate, aptly observed in his foreword to Mediation Practice and Law: The
Path to Successful Dispute Resolution by Mr. Sriram Panchu, alternate dispute
resolution is not yet ingrained in the Indian legal psyche, having historically been
viewed with scepticism under Anglo-Saxon jurisprudence which abhorred
resolution of disputes outside His Majesty’s Courts. This historical legacy
explains the cautious judicial approach towards ADR in India. The relevant
passage from the foreword is reproduced hereinbelow:-
“……the truth is that ADR (Alternate Dispute Resolution) is not yet
ingrained in the Indian psyche. It is a new graft, like a new heart or a new
kidney: and as with the human body, the ‘body-commercial’ looks for an
opening to reject it. The reason is historical. Traditionally, it was the judges of
the Kings’ Courts in England who were the embodiment of the law: as one
commentator in the nineteenth century had said, ‘the Common Law is wrapped
up in the collective breasts of His Majesty’s Judges’: to which one of the judges
responded (somewhat pompously), ‘and a very happy residence too’! During
two centuries of British rule, we in India were sustained on the milk of Anglo-
Saxon jurisprudence–and Anglo- Saxon jurisprudence simply abhorred
resolution of disputes outside His Majesty’s Courts! What England abhorred,
we in British India were taught to abjure. Ever since the Contract Act was
introduced in India’s legal system more than 100 years ago, alternate dispute
resolution was outlawed: resolution of disputes by arbitration being simply
tolerated!....”
29. This Court is of the considered view that an arbitration clause cannot
impose pre-deposit conditions so onerous as to render the right to sue, at the very
threshold, illusory or nugatory. A stipulation mandating the deposit of a substantial percentage of the claim amount, as a precondition to invoking
arbitration would inevitably suppress claims, deter recourse to alternative dispute resolution, and thereby defeat its very object.
SLP (C) No. 31245 of 2025 Page 14 of 16
ORDER OF REFERENCE
30. Keeping in view the aforesaid judgments and this Court (sitting in a
combination of two Judges) having doubts about the legality and validity of a
three Judge Bench judgment in S.K. Jain (supra) as a binding precedent, is of the
opinion that the matter calls for reference to a larger Bench.
31. In Aligarh Muslim University vs. Naresh Agarwal & Ors., (2025) 6 SCC
1, a seven Judge Bench of this Court reiterated the legal precepts which apply to
orders of reference and reiterated the position of law as expounded in Central
Board of Dawoodi Bohra Community & Anr. vs. State of Maharashtra & Anr.,
(2005) 2 SCC 673 as under:-
“40.1. Decisions of this Court rendered by a Bench of larger strength are binding on
Benches of a less or equal strength;
40.2. If a Bench of lower strength is doubtful about the correctness of a judgment
delivered by a Bench of larger strength, it cannot disagree or dissent from the view
taken by the larger Bench. In case of doubt, it can invite the attention of the Chief Justice
of India to its opinion and request the Chief Justice to list the matter before a Bench,
the strength of which is greater than that which delivered the judgment which has been
doubted;
40.3. The correctness of the view taken by any Bench can only be doubted by a Bench
of equal strength. The matter will then be placed for hearing before a Bench of greater
strength;
40.4. There are two exceptions to the rules discussed above:
(i) The discretion of the Chief Justice is not bound by the rules. As the master of the
roster, the Chief Justice may list any case before any Bench of any strength;
(ii) Despite the rules discussed above, if a particular case has come up for hearing
before a Bench of larger strength and that Bench is of the opinion that the judgment of
the Bench of lower strength requires reconsideration or correction, or is otherwise
doubtful of its correctness, it may dispense with the need for a reference in the terms
described above or an order of the Chief Justice and hear the matter for reasons given
by it.”
SLP (C) No. 31245 of 2025 Page 15 of 16
32. Consequently, this Court requests the Hon’ble Chief Justice of India to
consider the desirability as to whether the issues formulated hereunder, or such
other issues as may be deemed relevant, do warrant a reference to a larger Bench:-
A. Whether a stipulation requiring the contractor alone to make a pre-deposit
of security/fees prior to reference of disputes to arbitration is contrary to
Section 18 of the Act which mandates equal treatment of parties at all
stages of arbitration?
B. Whether pre-deposit conditions in contracts having Arbitration clause
discourages Alternative Dispute Resolution and undermine its objective of
declogging the c ourt system?
C. Whether a condition of pre-deposit of security/fees prior to reference to
Arbitration is arbitrary and violative of the right to sue as well as Article
14 of the Constitution and Section 28 of the Indian Contract Act, 1872?
D. Whether requirement of pre-deposit of security/fees has any rational
relation to the object of curbing frivolous claims as at that stage it cannot
be said that the claims are frivolous and moreover such frivolous claims
may adequately be addressed under Section 31(8) of the Act through
imposition of costs at the conclusion of the arbitration proceedings?
E. Whether a pre-deposit condition is valid in an arbitration case where said
deposit is refundable upon the conclusion of arbitration proceedings?
F. Whether S.K. Jain (Supra) is a valid and binding precedent?
SLP (C) No. 31245 of 2025 Page 16 of 16
33. Registry is directed to place the present Civil Appeal before the Hon’ble
Chief Justice of India for appropriate directions.
……………………J.
[MANOJ MISRA]
…………………J.
[MANMOHAN]
New Delhi;
August 17, 2026
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