Koshy Phillip vs Thomas P Mathew

Headnote AI-drafted · Reviewed and approved

The petitioner filed a review petition against the dismissal of A.R. No. 179 of 2025 by order dated 18.11.2025, which was an application under Section 11(6) of the Arbitration and Conciliation Act, 1996. The primary question before the Court was whether a review petition is maintainable against an order passed under Section 11(6) of the Act.

The petitioner contended that the High Court, being a court of record under Article 215 of the Constitution, has inherent plenary powers to review and correct its records, and that following the 2015 Amendment to Section 11(6), the power is now vested in the Court itself rather than a designated authority, thereby attracting such inherent powers. The respondents countered that the power under Section 11 is a limited statutory power and no provision of the Act enables review of orders passed thereunder, citing judgments of the Delhi, Allahabad, and Kerala High Courts in support.

The Court noted the conflicting positions advanced by both sides, with the judgment text ending before the final determination on maintainability was recorded in the extracted portion.

Catchwords: arbitration · review petition · maintainability · Section 11(6) Arbitration and Conciliation Act · court of record · Article 215 Constitution · inherent powers · appointment of arbitrator · plenary powers · statutory power

Arbitration and Conciliation Act