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02 September 2021 | BSN Joshi and Sons Limited v. Rashtriya Ispat Nigam Limited and another | Civil Revision Petition No. 3142 of 2019 & connected matter | C Praveen Kumar and B Krishna Mohan JJ | Andhra Pradesh High Court | 2021 SCC OnLine AP 2858
The AP High Court entertained a petition under Article 227 of the Constitution against a commercial court’s order by which an application to terminate the arbitrator’s mandate for de jure inability was rejected.
The application to terminate the mandate was made under Section 14 ACA, and the arbitrator’s de jure ineligibility was argued based on Section 12 (5) ACA read with the Seventh Schedule. The High Court quashed the appointment noting that such ineligibility goes to the root of the appointment.
Read the decision here.
Categories: Article 226 Constitution of India | Article 227 Constitution of India | Bhaven Construction | De Jure Ineligibility | Deep Industries | Extent of Judicial Intervention | Judicial Review in Arbitration | Patent Lack of Inherent Jurisdiction | Power of High Courts to Issue Certain Writs | Power of Superintendence Over All Courts by the High Court