Yes. The Supreme Court in Nagreeka Indcon Products Pvt. Ltd. v. Cargocare Logistics (India) Pvt. Ltd. [2026 INSC 384] clarified that “shall” creates a binding obligation, while “can” (or “may”) is optional and gives discretion. For entrepreneurs, this means that if your agreement says you can do something (like refer a dispute to arbitration or a council), you are free to choose whether to do so. But if it says you shall, you are legally bound to follow that procedure without exception.

Yes, but only if you can prove continuous readiness and willingness to perform your part of the contract. In Habban Shah v. Sheruddin [2026 INSC 451] and Jayamma case [2026 INSC 651], the Supreme Court clarified that missing a deadline or filing late does not automatically bar relief. However, if you fail to show financial capacity and genuine intent at the relevant time, the decree or claim becomes inexecutable.