Khaitan & Co successfully represented Naaptol Online Shopping Private Limited before the Bombay High Court in a commercial arbitration matter

Khaitan & Co successfully represented Naaptol Online Shopping Private Limited before the Bombay High Court in a commercial arbitration matter

The leading law firm in India, Khaitan & Co successfully represented Naaptol Online Shopping Private Limited before the Hon’ble Bombay High Court in Commercial Arbitration Petition No. 884 of 2025, a post-award petition under Section 9 of the Arbitration and Conciliation Act, 1996, arising from an arbitral award dated 5 May 2025.

By its judgment dated 17 January 2026, the Bombay High Court delivered a significant ruling holding that once an arbitral award is conditionally stayed by the Section 34 Court under Section 36(3) of the Act, a separate post-award Section 9 petition is not maintainable. Upholding the respondent’s contentions, the Court held that the Section 34 Court alone remains in seisin of the award and has exclusive authority to impose and regulate conditions of stay. The Court further clarified that permitting parallel interim reliefs under Section 9 would risk inconsistent orders and effectively amount to sitting in appeal over the Section 34 Court’s order.

The judgment brings much-needed clarity and certainty to the law governing post-award intervention and clearly delineates the jurisdictional contours between Sections 9, 34, and 36 of the Arbitration and Conciliation Act, 1996.

The Khaitan & Co team representing Naaptol Online Shopping Private Limited comprised Chakrapani Misra (Partner), Sameer Bindra (Senior Associate), and Vasundhara Singh (Associate).

External counsel included Zal Andhyarujina (Senior Counsel) and Akanksha Agrawal (Counsel).

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