High Court review power under Article 215 can support challenge to a section 11 arbitration order despite no express review provision.

Article 215 treats a High Court as a court of record with inherent power to correct its own records, and that jurisdiction can support review of an order passed under section 11 of the Arbitration and Conciliation Act, 1996 even though the Act contains no express review provision. The existence of a complete arbitration code does not by itself exclude that plenary power. The requirements of Order XLVII Rule 1 of the Code of Civil Procedure, 1908 govern whether review relief should ultimately be granted, but they do not determine the threshold maintainability of the application. The review application was therefore maintainable and could proceed to merits.

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Issues: Whether the High Court could invoke Article 215 of the Constitution of India to entertain and maintain a review application against its order passed under section 11 of the Arbitration and Conciliation Act, 1996, notwithstanding the absence of an express review provision in that Act and the threshold under Order XLVII Rule 1 of the Code of Civil Procedure, 1908.

Analysis: Article 215 declares every High Court to be a court of record, and the power of such a court includes the inherent authority to correct its own records. The earlier authorities relied upon recognised that a High Court, as a superior court of record, may exercise review jurisdiction to correct apparent errors and prevent miscarriage of justice. The existence of a complete arbitration code does not exclude the High Court's plenary power to review where the jurisdiction is otherwise traceable to Article 215, while the requirements of Order XLVII Rule 1 of the Code of Civil Procedure, 1908 govern the merits of the review and not the initial maintainability of the application.

Conclusion: The review application was held maintainable at the threshold and was permitted to proceed to consideration on merits.

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