Supreme Court Deprecates Practice Of Filing Applications In Disposed Of SLPs To Side-Step Arbitration Process
1 year, 8 months ago

Supreme Court Deprecates Practice Of Filing Applications In Disposed Of SLPs To Side-Step Arbitration Process

Live Law  

The Supreme Court has reiterated that the courts normally ought not interfere with arbitral proceedings, especially till the time an award is not passed. The top court has deprecated the practice of filing applications in disposed of Special Leave Petitions in order to side-step the arbitration process, adding that the said applications must not be entertained by the court. The applicant, the State of Uttar Pradesh, who was the respondent in the SLP, sought vacation of the status quo granted by the Arbitral Tribunal in the arbitration proceedings between the parties. While observing that the reliefs sought by the applicant were issues that were already pending adjudication before the Arbitral Tribunal, and that no arbitral award had been passed regarding the same, the court remarked, “The provisions of the Arbitration and Conciliation Act,1996, as well as a catena of judicial pronouncements of this Court have time and again stated that the courts normally ought not interfere with arbitral proceedings, especially till the time an award is not passed.” The court added: “7. Citation : 2023 LiveLaw 325 Arbitration and Conciliation Act, 1996 - Supreme Court has reiterated that the courts ought not to normally interfere with the arbitral proceedings, especially till the time an arbitral award is not passed-The top court has deprecated the practice of filing applications in disposed of Special Leave Petitions in order to side-step the arbitration process, adding that the said applications must not be entertained by the court.

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History of this topic

S.12(5) Of Arbitration Act Would Be Applicable To Arbitral Proceedings Which Commenced Before 2015 Amendment Act: P&H High Court
1 month, 2 weeks ago

S.12(5) Of Arbitration Act Would Be Applicable To Arbitral Proceedings Which Commenced Before 2015 Amendment Act: P&H High Court

Live Law  

The Punjab and Haryana High Court bench of Justice Suvir Sehgal has held that the provision of Section 12 of the Arbitration Act would applicable to arbitral proceedings which were initiated prior to 2015 Amendment came into force and continued thereafter. In the meantime, the Arbitration Act was amended and as Section 12 was inserted on 23.10.2015, the petitioner submitted …

Supreme Court Deprecates Allahabad HC's Practice Of Disposing Quashing Petitions By Asking Petitioners To Seek Discharge
1 month, 3 weeks ago

Supreme Court Deprecates Allahabad HC's Practice Of Disposing Quashing Petitions By Asking Petitioners To Seek Discharge

Live Law  

The Supreme Court on Thursday deprecated practice of the Allahabad High Court of directing petitioners seeking quashing of cases to instead apply to the trial court for discharge. A bench of Justice Abhay Oka and Justice AG Masih issued notice on the plea challenging the Allahabad High Court's order that had rejected an application quashing a forgery case. The Allahabad …

Unconditional Withdrawal Of Arbitrator Appointment Application Bars Second Application On Same Cause Of Action: Supreme Court
1 month, 4 weeks ago

Unconditional Withdrawal Of Arbitrator Appointment Application Bars Second Application On Same Cause Of Action: Supreme Court

Live Law  

The Supreme Court observed that when a party seeking appointment of an arbitrator unconditionally withdraws its application, then the subsequent application for an appointment of an arbitrator on the same cause of action would be barred.The bench comprising Chief Justice DY Chandrachud and Justice JB Pardiwala ruled that Order 23 Rule 1 of Civil Procedure Code, 1908 would be. The …

Supreme Court Concludes The Question Of Jurisdiction Under Section 29A Of The Arbitration And Conciliation Act, 1996
7 months, 2 weeks ago

Supreme Court Concludes The Question Of Jurisdiction Under Section 29A Of The Arbitration And Conciliation Act, 1996

Live Law  

The Supreme Court has recently settled the question as to which 'Court' possesses the jurisdiction to determine and decide an application under Section 29A of the Arbitration and Conciliation Act, 1996. In the CE, PWD judgment, the Petitioner challenged an order of the High Court of Meghalaya, which held that the power to extend the mandate of an arbitral tribunal …

Supreme Court Flags Practical Difficulties In Handling Case Files, Calls For SOP By Registry To Properly Maintain SLP Paper Books
8 months, 2 weeks ago

Supreme Court Flags Practical Difficulties In Handling Case Files, Calls For SOP By Registry To Properly Maintain SLP Paper Books

Live Law  

The Supreme Court expressed difficulty in its day-to-day functioning due to issues related to paper books, failure to send convenience compilations and other similar problems. The issues include orders not being attached to paper books, counter-affidavits attached to SLP paper books without clear indication, failure to send convenience compilations to judges, improper exhibition of interlocutory applications numbers, and other ancillary …

Application For Removal Of Arbitrator Must Be Made Before Same ‘Court’ As Envisaged In s.2 (i) (e) & s.42 Of Arbitration Act: Calcutta High Court
1 year, 4 months ago

Application For Removal Of Arbitrator Must Be Made Before Same ‘Court’ As Envisaged In s.2 (i) (e) & s.42 Of Arbitration Act: Calcutta High Court

Live Law  

The Calcutta High Court recently dismissed an application filed by M/S Gammon Engineers and Contractors Private Limited u/s 11, 14 and 15 of the Arbitration and Conciliation Act, 1996, for removal of arbitrator while challenging their unilateral appointment. Therefore, the bar under Section 42 would lie and all applications to be made to a ‘court’ must be made to the …

Arbitration Monthly Round Up- April 2023
1 year, 8 months ago

Arbitration Monthly Round Up- April 2023

Live Law  

Supreme Court: Arbitration Agreement In Unstamped Contract Which Is Exigible To Stamp Duty Not Enforceable: Supreme Court Holds By 3:2 Majority Case Title: M/s. Whether A Signed Copy Or Certified Copy Of The Award, Purpose Of S. 31 of A&C Act Is To Inform The Party: Bombay High Court Case Title: Rahul S/o Omprakash Gandhi vs The Akola Janta Commercial …

Arbitral Tribunal Cannot Recall The Order Terminating The Arbitral Proceedings: Delhi High Court
2 years, 2 months ago

Arbitral Tribunal Cannot Recall The Order Terminating The Arbitral Proceedings: Delhi High Court

Live Law  

The High Court of Delhi has held that once the arbitral tribunal terminates the arbitration proceedings on account of claimant withdrawing its claims, it cannot recall the order of termination order. The Court further held that after the termination of arbitral proceedings, the tribunal would be coram non judice and any order passed by it would be without any jurisdiction. …

There Cannot Be Two Arbitration Proceedings With Respect To Same Contract/Transaction: Supreme Court
2 years, 5 months ago

There Cannot Be Two Arbitration Proceedings With Respect To Same Contract/Transaction: Supreme Court

Live Law  

Observing that it is of the "firm opinion that there cannot be two arbitration proceedings with respect to the same contract/transaction", the Supreme Court stated that when a dispute has earlier been referred to arbitration and an award was passed on the claims made, then it is "rightful" to refuse to refer to arbitration- in exercise of Section 11 of …

Arbitration Cases Weekly Round-Up: June 19 – June 25, 2022
2 years, 6 months ago

Arbitration Cases Weekly Round-Up: June 19 – June 25, 2022

Live Law  

Bombay High Court: Arbitral Proceedings Cannot Be Imposed On A Debenture Trustee Under A Scheme Of Compromise, In The Absence Of An Arbitration Agreement: Bombay High Court Case Title: HMG Industries Ltd. versus Canara Bank Citation: 2022 LiveLaw 224 The Bombay High Court has held that even though a Scheme of Compromise entered into under Section 391 of the Companies …

Applications For Appointment Of Arbitrator Should Be Decided And Disposed At The Earliest:Supreme Court
2 years, 9 months ago

Applications For Appointment Of Arbitrator Should Be Decided And Disposed At The Earliest:Supreme Court

Live Law  

The Supreme Court on April 1, 2022 expressed concerns at the time taken by the Telangana High Court to dispose of an arbitration application under Section 11 of the Arbitration and Conciliation Act, 1996 after a period of four years. Referring to the amended Arbitration Act wherein arbitration proceedings are required to be disposed of within one year, the bench …

"Causes Great Inconvenience" : Supreme Court Criticizes Last Moment Filing Of Additional Documents In SLPs
2 years, 10 months ago

"Causes Great Inconvenience" : Supreme Court Criticizes Last Moment Filing Of Additional Documents In SLPs

Live Law  

The Supreme Court, in an order passed last month, criticized last moment filing of additional documents in Special Leave Petitions.By not filing the application for additional documents at the time of filing the Special Leave Petition but filing the same at the last moment and on the previous day of the posting of the Special Leave Petition and many a …

SLP Against HC Order Dismissing Bail Application As Not Pressed Cannot Be Entertained: Supreme Court
2 years, 11 months ago

SLP Against HC Order Dismissing Bail Application As Not Pressed Cannot Be Entertained: Supreme Court

Live Law  

The Supreme Court observed that a Special Leave Petition against a High Court order dismissing a bail application as not pressed cannot be entertained.In this case, the Allahabad High Court, in the impugned order, recorded the submission made by the counsel for the accused that he does not want to press this bail application at this stage and the same …

Time Period Spent In Prosecuting SLP Would Be Good Ground For Condoning Delay In Filing A Review Application Before High Court: Supreme Court
3 years, 1 month ago

Time Period Spent In Prosecuting SLP Would Be Good Ground For Condoning Delay In Filing A Review Application Before High Court: Supreme Court

Live Law  

The Supreme Court on Monday observed that despite some delay on appellant's part, the time period spent in prosecuting a Special Leave Petition would be a good ground for condonation of delay in filing a review application before the High Court.The bench of Justices SK Kaul and MM Sundresh in their order said, "We are of the view that it …

SLP Only Against A Review Order Not Maintainable, Reiterates Supreme Court
3 years, 2 months ago

SLP Only Against A Review Order Not Maintainable, Reiterates Supreme Court

Live Law  

The Supreme Court reiterated that a special leave petition against only a review order passed by High Court is not maintainable.In this case, the SLP against the original order passed by the Allahabad High Court was dismissed by the Apex Court on 18.12.2020 without granting any specific liberty to file a review application before the High Court. The Supreme Court …

Existence Of Arbitration Clause Does Not Debar Court From Entertaining A Writ Petition In Contractual Matter: Supreme Court
3 years, 7 months ago

Existence Of Arbitration Clause Does Not Debar Court From Entertaining A Writ Petition In Contractual Matter: Supreme Court

Live Law  

The existence of an arbitration clause does not debar the court from entertaining a writ petition, the Supreme Court observed in a judgment passed on Wednesday.In this case, the Allahabad High Court allowed a writ petition filed by CG Power and Industrial Solutions Limited challenging the directions issued by Executive Engineer, Unnao UPPTCL it to remit Labour Cess amounting. The …

SLP Filed Only Against 'Review Order' Of HC Not Maintainable, Reiterates Supreme Court
3 years, 10 months ago

SLP Filed Only Against 'Review Order' Of HC Not Maintainable, Reiterates Supreme Court

Live Law  

The Supreme Court reiterated that Special leave Petitions filed only against the order of the High Court in Review Petition is not maintainable. "It is now not open to the petitioners to seek leave of this Court to file Special leave petitions only against the review order in view of the judgment of this Court in the case of Municipal …

Dismissal Of SLP Has No Consequence On Question Of Law: Supreme Court
4 years, 1 month ago

Dismissal Of SLP Has No Consequence On Question Of Law: Supreme Court

Live Law  

The Supreme Court has observed that the the dismissal of special leave petition is of no consequence on the question of law.In this case, the Division Bench of the High Court set aside the Single Bench judgment that allowed the writ petitions for the grant of 9/16 years' time bound revised promotional scale to the petitioners. The Supreme Court has …

Application U/s 9 Of Arbitration & Conciliation Act Can Be Filed Where A Part Of The Cause Of Action Has Arisen: Calcutta HC [Read Order]
4 years, 2 months ago

Application U/s 9 Of Arbitration & Conciliation Act Can Be Filed Where A Part Of The Cause Of Action Has Arisen: Calcutta HC [Read Order]

Live Law  

The Calcutta High Court has observed that an application under section 9 of the Arbitration and Conciliation Act can be filed where a part of the cause of action has arisen.Justice Moushumi Bhattacharya observed that an application under section 9 for interim relief urged in the background of an arbitration agreement between the parties is time-sensitive where the court has …

SLP Against HC Order Rejecting Review Petition Cannot Be Entertained When Main Judgment Is Not Challenged: SC [Read Judgment]
4 years, 3 months ago

SLP Against HC Order Rejecting Review Petition Cannot Be Entertained When Main Judgment Is Not Challenged: SC [Read Judgment]

Live Law  

The Supreme Court has observed that a special leave petition challenging the order of High Court rejecting the review petition cannot be entertained when main judgment in the writ petition is not challenged.When the main judgment of the High Court cannot be effected in any manner, no relief can be granted by this Court in the special leave petition filed …

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