Supreme Court – Daily Orders
Municipal Corporation, Moga vs M/S Jitf Urban Waste Management … on 20 February, 2026
SLP(C) No. 839/2026 etc.
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. OF 2026
(arising out of SLP(C) No. 839 of 2026)
MUNICIPAL CORPORATION, MOGA ..... APPELLANT(S)
VERSUS
M/S. JITF URBAN WASTE MANAGEMENT ..... RESPONDENT(S)
(FEROZEPUR) LTD. & ORS.
with
CIVIL APPEAL NO. OF 2026
(arising out of SLP(C) No. 924 of 2026)
O R D E R
Leave granted.
Challenge in these appeals is to the orders dated 09.12.2025
passed by a Division Bench of the High Court of Punjab and Haryana
at Chandigarh in FAO-CARB-9-2024 (O&M) and FAO-CARB-10-2024 (O&M).
By the said orders, the High Court confirmed the orders dated
08.01.2024 passed by the learned Additional District Judge,
Chandigarh, exercising the power of a Commercial Court, dismissing
the applications filed by the appellant-Corporation under Section
34 of the Arbitration and Conciliation Act, 1996 1, on the ground
that
Signature Not Verified
the appellant-Corporation had failed to comply with the
Digitally signed by
Deepak Guglani
Date: 2026.02.23
condition
17:04:48 IST
Reason: imposed in the orders dated 23.08.2023, staying the
1 “Arbitration Act”, for short
1
SLP(C) No. 839/2026 etc.
operation of the arbitral awards, subject to deposit of 100% of the
amounts due and payable thereunder. The Division Bench was of the
same opinion that once the appellant-Corporation failed to abide by
the conditional stay orders dated 23.08.2023, by depositing 100% of
the awarded amount, it was not open to it to continue with its
challenge to the awards under Section 34 of the Arbitration Act.
We are unable to agree with this construction placed upon the
scheme of the Arbitration Act by the Commercial Court and the High
Court. Challenge to an arbitral award under Section 34 of the
Arbitration Act is independent of compliance or non-compliance with
a conditional stay order passed in relation to the award under
Section 36(2) and (3) of the Arbitration Act. In the event a party
fails to abide by a conditional stay order passed under the
aforestated provision, it would no longer have the benefit of
protection against execution of the award, but that would not, by
itself, adversely impact the challenge that such party wants to
maintain against the award under Section 34 of the Arbitration Act.
Therefore, the orders passed by the learned Additional
District Judge, Chandigarh/Commercial Court, dated 08.01.2024 in
Arbitration Petition Nos. 496/2022 and 497/2022, as confirmed by
the Division Bench of the High Court, vide the orders dated
09.12.2025 passed in FAO-CARB-9-2024 (O&M) and FAO-CARB-10-2024
(O&M), are set aside and Arbitration Petition Nos. 496/2022 and
497/2022 are restored to the file of the Commercial Court/learned
Additional District Judge, Chandigarh.
2
SLP(C) No. 839/2026 etc.
We may, however, make it clear that restoration of the
arbitration petitions filed by the appellant-Corporation under
Section 34 of the Arbitration Act would have no impact on the
pending execution proceedings, which would necessarily have to
proceed, taking into account the fact that the orders granted
earlier, staying the operation of the arbitral awards, no longer
hold the field.
The appeals are disposed of in the aforestated terms.
Pending application(s), if any, stand disposed of.
…………………….J.
(SANJAY KUMAR)
…………………….J.
(K. VINOD CHANDRAN)
NEW DELHI;
FEBRUARY 20, 2026.
3
SLP(C) No. 839/2026 etc.
ITEM NO.49 COURT NO.9 SECTION IV-B
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition for Special Leave to Appeal (C) No. 839/2026
[Arising out of impugned final judgment and order dated 09-12-2025
in FAOCARB No. 9/2024 passed by the High Court of Punjab & Haryana
at Chandigarh]
MUNICIPAL CORPORATION, MOGA Petitioner(s)
VERSUS
M/S. JITF URBAN WASTE MANAGEMENT
(FEROZEPUR) LTD & ORS. Respondent(s)
(IA No. 7480/2026 – EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT and IA No. 7483/2026 – PERMISSION TO FILE ADDITIONAL
DOCUMENTS/FACTS/ANNEXURES)
WITH
SLP(C) No. 924/2026 (IV-B)
(IA No. 8476/2026 – EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT and IA No. 8482/2026 – PERMISSION TO FILE ADDITIONAL
DOCUMENTS/FACTS/ANNEXURES)
Date : 20-02-2026 These matters were called on for hearing today.
CORAM :
HON’BLE MR. JUSTICE SANJAY KUMAR
HON’BLE MR. JUSTICE K. VINOD CHANDRANFor Petitioner(s) :
Mr. Ritin Rai, Sr. Adv. (N/P)
Mr. Shadan Farasat, Sr. Adv.
Mr. Anmol Rattan Sidhu, Sr. Adv.
Ms. Mandeep Kaur, D.A.G.
Mr. Rajat Bhardwaj, A.A.G.
Ms. Prachi Kohli, Adv.
Ms. Astha Goyal, Adv.
Mr. Kamal Gupta, Adv.
Mr. Harshit Anand, Adv.
Ms. Sama, Adv.
Mr. Alok Tripathi, AOR
For Respondent(s) :
Dr. Abhishek Manu Singhvi, Sr. Adv.
Mr. Badri Prasad Singh, AOR
Mr. Nilava Bandhyopadhyay, Adv.
4
SLP(C) No. 839/2026 etc.
Mr. Himanshu Dubey, Adv.
Mr. Rahul Saraswat, Adv.
Mr. Shashwat Singh, Adv.
Mr. Kushagra Kaul, Adv.
UPON hearing the counsel, the Court made the following
O R D E RLeave granted.
The appeals are disposed of in terms of the signed order.
Pending application(s), if any, stand disposed of.
(DEEPAK GUGLANI) (PREETI SAXENA)
AR-cum-PS COURT MASTER (NSH)
(signed order is placed on the file)
5
