19 July 2021 | Satyendra Nath Ray v. VCK Share & Stock Broking Services Limited | CO No.1235 of 2021 | Sabyasachi Bhattacharyya J | 2021 SCC OnLine Cal 2096
In an arbitration, it was alleged that some documents and signatures were forged. The tribunal recorded in one of the proceedings that appointing a handwriting expert was not in its jurisdiction, thus refusing permission to apply for the appointment. The petitioner challenged this decision in a petition under Article 227 of the Constitution.
The court recognised that its jurisdiction under Article 227 to intervene in the arbitral process was limited given the Supreme Court’s judgments, including Deep Industries Limited v. ONGC Ltd. & another, (2020) 14 SCC 706, and Bhaven Construction v. Executive Engineer, Sardar Sarovar Narmada Nigam Ltd. & another, 2021 SCC OnLine SC 8.
However, it ruled that its limited jurisdiction should be exercised in this case because:
Access the court's decision here.
Categories: Article 226 Constitution of India | Article 227 Constitution of India | Bhaven Construction | Deep Industries | Expert Appointed by Arbitral Tribunal | Extent of Judicial Intervention | Judicial Review in Arbitration | Power of High Courts to Issue Certain Writs | Power of Superintendence Over All Courts by the High Court | Section 26 ACA