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Indian Laws - Highlights / Catch Notes

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The SC held that the HC has incorrectly exercised its ...


Arbitral Tribunal's discretion on cross-examination can't be lightly interfered by courts under Article 227.

January 6, 2025

Case Laws     Indian Laws     SC

The SC held that the HC has incorrectly exercised its supervisory jurisdiction under Article 227 in granting the respondent/claimant one more opportunity to cross-examine the appellant/respondent's witness, despite the Arbitral Tribunal rejecting such a prayer. The Tribunal had given full opportunity to all parties, and the respondent/claimant had already cross-examined the witness for over 12 hours. The SC observed that interference under Articles 226/227 is permissible only if the order is completely perverse, and the HC's order lacked justification in interfering with the Tribunal's directions. Consequently, the appeal was allowed.

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