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DELHI HIGH COURT
PRATEEK JALAN
Union of India – Appellant
Versus
Delhi State Consumer Co-operative Federation Ltd. – Respondent
| Table of Content |
|---|
| 1. petitions filed under article 227 regarding arbitration. (Para 1 , 2) |
| 2. circumstances resulting in arbitration proceedings. (Para 3 , 4) |
| 3. chronology and actions leading to arbitration. (Para 5 , 6 , 7 , 8 , 12) |
| 4. arguments against termination of proceedings. (Para 14 , 15 , 16) |
| 5. review of jurisdiction under article 227. (Para 20 , 21 , 22 , 23 , 24 , 30) |
| 6. court's directive for recall application. (Para 38 , 39 , 40) |
JUDGMENT
1. These 24 petitions under Article 227 of the Constitution of India have been filed by the Union of India [hereinafter, "the Union"] in respect of identical orders dated 19.02.2021 passed by a sole Arbitrator in 24 different arbitration proceedings. The Union has, in the alternative, sought a direction upon the Arbitrator to consider the applications filed by it for recall of the impugned orders.
2. All the proceedings were filed by the Union against the respondent-Delhi State Consumers Co-operative Federation Limited [hereinafter, "DSCCFL"]. By the impugned orders, the Arbitrator has terminated the proceedings under Section 25(a) of the Arbitration and Conciliation Act, 1996 [hereinafter, "the Act"].
A. Facts
3. The 24 arbitral proc
The Arbitrator has jurisdiction to consider recall of a termination order if sufficient cause is shown for non-filing of claims, reinforcing judicial support for arbitral processes. The defaulting pa....
High Court’s exercise of jurisdiction under Article 227 of the Constitution, and setting aside of the order of the Tribunal.
The main legal point established in the judgment is the arbitrator's duty to inform the claimant of their failure to communicate their claim and to provide an opportunity to show sufficient cause, an....
Once arbitration has commenced in the arbitral tribunal, parties have to wait until the award is pronounced unless, of course, a right of appeal is available to them under Section 37 of the Act even ....
Failure to file a statement of defense within the statutory period under the Arbitration Act results in forfeiture of that right, emphasizing the necessity for timely compliance in arbitral proceedin....
Judicial interference under Article 227 is limited in arbitration matters, especially when a comprehensive mechanism exists under the Arbitration and Conciliation Act for addressing non-arbitrability....
Arbitrators must consider recall applications under Section 25(a) of the Arbitration Act when sufficient cause is shown, especially in the absence of alternate remedies for appeal.
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