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Civil · Reportable judgment

Dalpat Singh Naruka & Anr. vs Karuna Bansal & Ors.

Court
Supreme Court of India
Date
21 April 2022
Case No.
Civil Appeal Nos. 3651-3653 of 2022
Result
Allowed
Bench
N.V. Ramana, Krishna Murari, Hima Kohli
Citation
[2022] 3 S.C.R. 139 : 2022 INSC 458
Supreme Court Reports [2022] 3 S.C.R. 139 : 2022 INSC 458
Headnote

Arbitration and Conciliation Act, 1996 – ss.9 and 37 – Scope of appeal – Limited jurisdiction vested u/s.37 – Interim orders passed by High Court in appeals preferred by respondents u/s.37, being aggrieved by order passed by the Commercial Court, dismissing application for interim relief filed by the respondents u/s.9 – Held: By passing the impugned orders, the High Court acted in excess of the limited jurisdiction vested in it u/s.37 – The scope of the appeal preferred by the respondents u/s.37 ought to be confined to examining the merits of the order passed by the Commercial Court that refused to grant any interim measures in favour of respondents on the application moved by them u/s.9 – However, respondents have managed to take appeal proceedings on an entirely different trajectory – As a result, the Appellate Court conducted a roving and fishing inquiry relating to the manner in which investigation was being conducted in respect of FIR registered at the instance of the respondents, to the point that not only was a status report and the case diary called for, the Investigating Officer was also summoned and subsequently, the investigation was been transferred to the Special Operation Group – None of the three impugned orders could have been passed by the Appellate Court in proceedings arising from an order passed u/s.9 – If the respondents have any grievance regarding the unfair or partial manner of the investigation conducted in respect of the FIR registered on their complaint, it is for them to seek appropriate legal recourse before the competent court on the criminal side – However, the proceedings initiated by the respondents u/s.37 can certainly not be permitted to be misused and virtually highjacked towards this end – Impugned orders of High Court are accordingly quashed and set aside – High Court to decide appeal preferred by the respondents strictly in accordance with law and well within the parameters contemplated u/s.37.

As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

The following Order of the Court was passed: ORDER 1. Leave granted. 1.1 The present appeals by way of special leave are directed against three interim orders dated 24th February, 2022, 11th March, 2022 and 29th March, 2022 passed by the Division Bench of the High Court of Rajasthan, Jaipur Bench in appeals preferred by the respondents under Section 37 of the Arbitration and Conciliation Act, 19961, being aggrieved by an order dated 11th February 2021 passed by the Commercial Court No.1, Jaipur-II dismissing an application for interim relief filed by the respondents under Section 9 of the 1
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