14 October 2019


Judgments

High Court of Chhattisgarh

Gulab Chand Jain and Ors. v. State of Chhattisgarh and Ors.

MANU/CG/0103/2016

08.07.2016

Arbitration

Arbitration tribunal empowered to recall order ‘in the interest of justice’

An arbitration tribunal can exercise its inherent powers to “secure the ends of justice”, the Chhattisdarh High Court said, allowing claims that the tribunal should have reviewed its earlier order instead of suggesting challenge before court.

Previously, the arbitration tribunal had dismissed reference petitions for want of jurisdiction and had held that an order passed by the tribunal would not become bad in law if soon after the law was changed.

The court reiterated the difference between “review” and “recall”, with the former permitting alteration or review of the judgment. Under Section 17A of the Chhattisgarh Madhyastham Adhikaran Adhiniyam, 1983 the tribunal was barred only from reviewing the award. The court concluded, “arbitration tribunal is unjustified in rejecting the application for recall of its earlier order…ought to have been allowed in the ends of justice and in the interest of justice.”

Relevant

Vishnu Agarwal v. State of U.P. & Anr. MANU/SC/0147/2011
M/s. Saluja Constructions v. State of M.P. and another MANU/MP/0279/2002

Tags : chhattisgarh arbitration order recall interest of justice

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