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
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