High Courts – Power to recall its order – Appellant issued Tender Notice for supply, installation and maintenance of water meters – Tender Notice was accepted and parties entered into an agreement, which included a clause (cl.13 of the General Conditions of Contract) stating that “13.1 No Arbitration was allowed” – Respondent filed an application u/s. 9 of the Arbitration and Conciliation Act, 1996 seeking interim injunction, which was allowed – Thereafter on the next date of hearing, a sole Arbitrator was appointed with the consent of both the parties – Recall application filed by the appellant stating that the concerned officer of the appellant-Municipal Corporation was not empowered to take decision regarding appointment of Arbitrator – Single Judge of the High Court recalled the order observing that clause 13 of the General Conditions of Contract and clause 22 of the Tender Notice were not arbitration clauses – Division Bench of High Court set aside the order of Single Judge on ground that there was no provision in Part-I of the Act for any Court to review its own order – On appeal, held: High Courts are courts of record, set up u/Art.215 of the Constitution – These constitutional courts, being courts of record, the jurisdiction to recall their own orders is inherent by virtue of the fact that they are superior courts of record – If any apparent error is noticed by the High court in respect of any orders passed by it the High Court has not only power, but a duty to correct it – Impugned judgment of the Division Bench of the High Court set aside – Constitution of India – Art.215 – Arbitration and Conciliation Act, 1996 – s.9.
National Sewing Thread Co. Ltd. v. James Chadwick & Bros. Ltd. [1953] SCR 1028 ; Shivdev Singh & Ors. v. State of Punjab and Others AIR 1963 SC 1909 ; M.M. Thomas v. State of Kerala and Another (2000) 1 SCC
666 : [2000] 1 SCR 33 – relied on.
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.
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