Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Constitution of India Exercise of jurisdiction by the High Court u/Art. 227 Arbitration and Conciliation Act Policy and object of 1996 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Constitution of India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Constitution of India: Art. 227 – Exercise of jurisdiction by the High Court u/Art. 227 – In matters decided under the Arbitration and Conciliation Act, 1996 – On facts, termination of contract by respondent due to supply of second hand product by the appellant – Commencement of arbitration proceedings – Meanwhile, respondent blacklisted appellant for a period of two years – Appellant filed application u/s. 17 before the arbitrator against the ban – Appellant also filed application u/s. 16 which was dismissed – Thereafter, disposal of s. 17 application by the arbitrator with the condition that the two year ban will only operate if appellant ultimately loses the final arbitration proceedings – Said order upheld in appeal – First appeal filed u/s. 37 dismissed by the civil court – Application u/Art. 227 filed before the High Court by the respondent – High Court allowed the petition – On appeal, held: Art. 227 is a constitutional provision which remains untouched by the non-obstante clause of s. 5 of the Act – Though petitions can be filed u/Art.227 against judgments allowing or dismissing first appeals u/s. 37 of the Act, yet the High Court would be extremely circumspect in interfering with the same, taking into account the statutory policy as adumbrated so that interference is restricted to orders that are passed which are patently lacking in inherent jurisdiction – High Court inverted this statutory scheme by going into exactly the same matter as was gone into by the arbitrator in s.16 application – Entering into the general thicket of disputes between the parties does not behove a court exercising jurisdiction u/Art. 227, where only jurisdictional errors can be corrected – Arbitral tribunal was well within its jurisdiction in referring to the contract and the ban order and then applying the law and finally issuing the stay order – More so, merely because, the first appeal was disposed of by a court subordinate to the High Court, an Art. 227 petition ought not to have been entertained – Arbitration and Conciliation Act, 1996 – ss. 5, 37, Arbitration and Conciliation Act, 1996: Policy and object of – Held: Policy of the Act is speedy disposal of arbitration cases – Object of the Act is that of minimizing judicial intervention which should always be kept in the forefront when Art. 227 petition is being disposed of against proceedings decided under the Act. |
Judge | Hon'ble Mr. Justice R.F. Nariman |
Neutral Citation | 2019 INSC 1299 |
Petitioner | M/s Deep Industries Limited |
Respondent | Oil And Natural Gas Corporation Limited & Anr. |
SCR | [2019] 17 S.C.R. 995 |
Judgement Date | 2019-11-28 |
Case Number | 9106 |
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