This article attempts to summarise a recent judgment of the Apex Court vide which a Curative Petition filed by DMRC against DAMEPL was allowed and its earlier judgment passed in case of DAMEPL v. DMRC Ltd was overturned.
Terming it a sheer abuse of the court process, the Delhi High Court recently dismissed a plea to appoint an arbitrator to settle a 2006 dispute against Maruti Udyog Limited (now Maruti Suzuki Limited).
Keeping in mind the peculiar facts of the case wherein the benefit of the extendable period could not be made available to the petitioner, the judgment was stayed for an appeal before the top court.
The Supreme Court on Tuesday held that arbitrators do not have the power to issue binding and enforceable orders determining their own fees as such determination would violate the principles of party autonomy.