Newsletter, April & May, 2021

Judgments

Rapid MetroRail Gurgaon Limited vs. Haryana Mass Rapid Transport Corporation¹

The Supreme Court observed that under usual circumstances a High Court in its jurisdiction under Article 226 has to decline to entertain a dispute which is arbitrable, unless there is a fundamental issue of public interest.

The Court observed that "as a measure of abundant caution, we clarify that ordinarily the High Court in its jurisdiction under Article 226 would decline to entertain a dispute which is arbitrable. Moreover, remedies are available under the Arbitration and Conciliation Act, 1996 for seeking interim directions either under Section 9 before the Court vested with jurisdiction or under Section 17 before the Arbitral Tribunal itself."