2020 (9) TMI 1276

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.... For the Petitioner : Mr. K. V. Vishwanathan, Sr. Adv., Ms. Uttara Babbar, AOR, Mr. Vinod Bharadwaj, Adv., Ms. Bhavana Duhoon, Adv., Mr. R. Venkataraman, Adv., Mr. Manan Bansal, Adv. For the Respondent :  Mr. Abhimanyu Bhandari, Adv., Mr. Sangram S. Saron, Adv., Ms. Nattasha Garg, Adv., Ms. Rooh-e-hina Dua, AO ORDER The impugned judgment dated 10.12.2019 is grounded on the fact that ....

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....e filed under Articles 226/227 of the Constitution against orders passed in appeals under Section 37, the entire arbitral process would be derailed and would not come to fruition for many years. At the same time, we cannot forget that Article 227 is a constitutional provisions which remains untouched by the non-obstante clause of Section 5 of the Act. In these circumstances, what is important to n....

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....urt from a section 16 application being dismissed by the Arbitrator  can only be if the order passed is so perverse that the only possible conclusion is that there is a patent lack in inherent jurisdiction. A patent lack of inherent jurisdiction requires no argument whatsoever - it must be the perversity of the order that must stare one in the face. Unfortunately, parties are using this ex....