Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | High Courts |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | High Courts – Power to recall its order – Appellant issuedTender Notice for supply, installation and maintenance of watermeters – Tender Notice was accepted and parties entered into anagreement, which included a clause (cl.13 of the General Conditionsof Contract) stating that “13.1 No Arbitration was allowed” –Respondent filed an application u/s. 9 of the Arbitration andConciliation Act, 1996 seeking interim injunction, which wasallowed – Thereafter on the next date of hearing, a sole Arbitratorwas appointed with the consent of both the parties – Recallapplication filed by the appellant stating that the concerned officerof the appellant-Municipal Corporation was not empowered to takedecision regarding appointment of Arbitrator – Single Judge of theHigh Court recalled the order observing that clause 13 of theGeneral Conditions of Contract and clause 22 of the Tender Noticewere not arbitration clauses – Division Bench of High Court setaside the order of Single Judge on ground that there was no provisionin Part-I of the Act for any Court to review its own order – Onappeal, held: High Courts are courts of record, set up u/Art.215 ofthe Constitution – These constitutional courts, being courts of record,the jurisdiction to recall their own orders is inherent by virtue ofthe fact that they are superior courts of record – If any apparenterror is noticed by the High court in respect of any orders passedby it the High Court has not only power, but a duty to correct it –Impugned judgment of the Division Bench of the High Court setaside – Constitution of India – Art.215 – Arbitration and ConciliationAct, 1996 – s.9. |
Judge | Hon'ble Mr. Justice R.F. Nariman |
Neutral Citation | 2018 INSC 1151 |
Petitioner | Municipal Corporation Of Greater Mumbai & Anr. |
Respondent | Pratibha Industries Ltd. & Ors. |
SCR | [2018] 14 S.C.R. 1143 |
Judgement Date | 2018-12-04 |
Case Number | 11822 |
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