https://www.taxtmi.com/caselaws?id=457995 A contractual clause expressly negating arbitration and another providing only an internal municipal decision mechanism do not constitute an arbitration agreement. Appointment of a sole arbitrator based merely on the municipal officer's acquiescence was therefore without authority, especially where no proper application for appointment under the contract had been made. A High Court, as a court of record, has inherent power to recall its own order to correct an order passed without authority and prevent injustice. The recall of the arbitral appointment was upheld and the contrary appellate order was set aside. en-us Tue, 04 Dec 2018 00:00:00 +0530 Wed, 02 Oct 2024 19:11:23 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=457995 A contractual clause expressly negating arbitration and another providing only an internal municipal decision mechanism do not constitute an arbitration agreement. Appointment of a sole arbitrator based merely on the municipal officer's acquiescence was therefore without authority, especially where no proper application for appointment under the contract had been made. A High Court, as a court of record, has inherent power to recall its own order to correct an order passed without authority and prevent injustice. The recall of the arbitral appointment was upheld and the contrary appellate order was set aside. Case-Laws Indian Laws Tue, 04 Dec 2018 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=457995