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DELHI HIGH COURT
NAVIN CHAWLA
Jasmine Buildmart Private Limited – Appellant
Versus
Ahluwalia Contracts (India) Limited – Respondent
| Table of Content |
|---|
| 1. review petition filed against prior order. (Para 1 , 2) |
| 2. arguments on maintainability of review petition. (Para 3 , 4) |
| 3. discussion on powers of review versus recall. (Para 5 , 11) |
| 4. high court's constitutional power to recall orders. (Para 7) |
| 5. no merit found for recall of previous order. (Para 8 , 10 , 12) |
| 6. history of arbitration petition filed. (Para 14 , 16) |
| 7. judiciary's limited review on arbitration agreements. (Para 17 , 18) |
| 8. existence of settlement deemed to discharge arbitration. (Para 19 , 25) |
| 9. settlement agreement's scope discussed. (Para 22 , 23 , 24) |
| 10. final dismissal of review petition with costs. (Para 27 , 28) |
JUDGMENT
Navin Chawla, J. (Oral)
REVIEW PET. 416/2019
1. This review petition has been filed by the petitioner seeking review of the order dated 16.04.2019 passed by this Court, dismissing the petition filed by the petitioner under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as `the Act') seeking appointment of an Arbitrator on the ground that as the parties have arrived at a settlement of inter-se claims in relation to the subject contract, the Arbitration Agreement contained therein no longer
A Settlement Agreement can nullify an existing Arbitration Agreement, preventing disputes from being referred to arbitration.
The High Court lacks jurisdiction to review an order passed under Section 11 of the Arbitration and Conciliation Act, 1996, as the Act is a self-contained code and the Court becomes functus officio u....
The judgment establishes the requirement of a written agreement for arbitration, the interpretation of settlement of disputes clauses, and the significance of party conduct in determining the existen....
The court reaffirmed that a full and final settlement of disputes renders the matter non-arbitrable, limiting the court's jurisdiction under Section 11(6) to the existence of an arbitration agreement....
A settlement agreement that explicitly supersedes an original contract and lacks an arbitration clause is not subject to arbitration, reinforcing the principle of separability.
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