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28 October 2021, Thursday

3 years ago

Tribunal’s order of not taking oral testimony of witnesses is not wrong: Delhi High Court

28 October 2021 | Telecommunication Consultants India Ltd. v. BR Sukale Construction | CM(M) 958 of 2021 | Amit Bansal J | Delhi High Court| 2021 SCC OnLine Del 4863

The Delhi High Court has rejected a challenge to an arbitral tribunal’s order that no further (oral) evidence of witnesses would be held for the time being and it would hear arguments. The tribunal had ordered so to curtail delay and because all issues were already articulated in writing.

A petition under Article 227 of the Constitution was filed challenging this. Rejecting the challenge, Amit Bansal J noted the legal position that:

  1. Parties are free to agree on the procedure to be followed by the arbitral tribunal. The arbitral tribunal is not bound by the procedure laid down under the Civil Procedure Code, 1908 or the Indian Evidence Act, 1872. If there is no agreement between the parties, it may conduct the proceedings in the manner it considers appropriate. It has the power to decide whether proceedings shall be conducted on the basis of documents and other materials or whether oral evidence is required or not.
  2. The arbitral tribunal also has the power to determine the admissibility, relevance, materiality and the weight of any evidence.

Since there was no agreement between the parties with regard to the procedure, the arbitrator’s decision was considered not faulty.

Bansal J also relied on and followed Surender Kumar Singhal v. Arun Kumar Bhalotia, 2021 SCC OnLine Del 3708 where Prathiba Singh J has summarized the law on interfering with an arbitral case in writ jurisdiction.

Read the judgment here.

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Categories: Admissibility of Evidence | Applicability of Code of Civil Procedure | Applicability of Evidence Act | Article 226 Constitution of India | Article 227 Constitution of India | Bhaven Construction | Deep Industries | Determination of Rules of Procedure | Extent of Judicial Intervention | Flexibility of Procedure | Judicial Review in Arbitration | Oral Evidence | Patent Lack of Inherent Jurisdiction | Power of High Courts to Issue Certain Writs | Power of Superintendence Over All Courts by the High Court | Rules of Procedure

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