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TMI Blog2025 (1) TMI 413X X X X Extracts X X X X X X X X Extracts X X X X ..... discretionary jurisdiction and even if this Court was to take a contrary view, the impugned order cannot be set aside while exercising supervisory power under Article 227 of Constitution of India, particularly in context of arbitral proceedings where such interference is, to a very large extent, proscribed. There is also nothing which may indicate that exercise of such discretion smacks off any bad faith or demonstrates any perversity, much less of extreme nature. Conclusion - Arbitral Tribunals have the power to recall orders and condone delays upon showing sufficient cause, and that judicial interference in arbitral processes should be minimal. Petition dismissed. - MR. MANOJ JAIN, J. For the Petitioner : Mr. SK Mongia and Ms. Mahima Mo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ues, the findings were eventually in favour of the petitioner herein as the learned Sole Arbitrator held that it was vested with power to recall such order, upon being shown sufficient cause and also that Arbitral Tribunal possesses power to condone the delay in filing the Statement of Defence, subject to sufficient cause being shown. 7. However the application has been dismissed, holding that the petitioner herein had failed to disclose any sufficient cause . 8. Learned counsel for the respondent appears on advance notice. 9. This Court is conscious of the fact that the petitioner has invoked jurisdiction of this Court by filing a petition under Article 227 of Constitution of India. Judicial inference in such type of matters has to be mini ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... indal, 2021 SCC OnLine Del 4023] has laid down circumstances in which such petitions ought to be entertained. The relevant portion of the said judgment reads as under: 24. A perusal of the abovementioned decisions, shows that the following principles are well settled, in respect of the scope of interference under Articles 226/227 in challenges to orders by an Arbitral Tribunal including orders passed under Section 16 of the Act: (i) An Arbitral Tribunal is a tribunal against which a petition under Articles 226/227 would be maintainable. (ii) The non obstante clause in Section 5 of the Act does not apply in respect of exercise of powers under Article 227 which is a constitutional provision. (iii) For interference under Articles 226/227, ther ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e in law. Reference be made to Puri Investments Versus Young Friends and Co. and Others: 2022 SCC OnLine SC 283. 12. This Court in order dated 03.10.2024 passed in CM(M) 3265/2024 titled as M/s Agarwal Associates (Promoters) Limited vs. M/s Sharda Developers has also observed that the remedy available under Article 227 of the Constitution of India does not stand knocked off by the non-obstante clause of Section 5 of Arbitration Conciliation Act, 1996 which provides that no judicial authority shall intervene except where so provided and, therefore, though the petition would be maintainable but fact remains that the scope of interference is extremely squeezed. 13. The issue in the present case is merely with respect to the fact that whether s ..... X X X X Extracts X X X X X X X X Extracts X X X X
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