C.A. No. 001691 / 2021
PANIPAT JALANDHAR NH-1 TOLLWAY PVT. LTD. vs NATIONAL HIGHWAYS AUTHORITY OF INDIA
Status
DISPOSED
Judges
HON'BLE MR. JUSTICE D.Y. CHANDRACHUD and HON'BLE MR. JUSTICE M.R. SHAH
Order Date
27-04-2021
Filed On
15-04-2021 10:33 AM
casestatus.in Summary
While an appellate court may correct an erroneous ad-interim order under Section 9 of the Arbitration and Conciliation Act, 1996, it exceeds its jurisdiction when it proceeds to finally dispose of the entire Section 9 application without affording the applicant a full hearing on prima facie case, balance of convenience, and irreparable injury. As analyzed on casestatus.in, principles of natural justice require that a party must be given complete opportunity to urge all facets before the court of first instance.