The High Court disposed of a writ petition challenging a housing finance deal and arbitration proceedings, noting the petitioner admit potential conflicting findings across forums, leaving the case open for arbitration.
The petition was disposed of leaving the pleas open to the petitioner in the arbitration proceedings.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
$~14.
Versus
UNION OF INDIA AND ORS ..... Respondents Through: Ms. Abha Malhotra and Mr. Gaurang Bindra, Advs. for R-1. Ms. Swati Setia, Adv. for R-3. Mr. Ateev Mathur, Adv. for R-4. Ms. Shobhana Takiar, Adv. for R-5.
CORAM:
page 1 of 3
W.P.(C) No.4602/2012
to the respondent no.5 Indiabulls to refund the excess payment of Rs.50 lacs received from the petitioner.
before two fora i.e. in arbitration proceedings and in this writ petition and whether not the same invites the possibility of inconsistent findings, especially when it is not the case of the petitioner that the legal issues to which this petition has been confined cannot be adjudicated in arbitration.
No costs.
RAJIV SAHAI ENDLAW, J.
MARCH 09, 2016 ‘pp’..
page 3 of 3
W.P.(C) No.4602/2012
2 issues framed by the court
Whether the same legal issues adjudicated in arbitration can also be the subject matter of a writ petition.
How to proceed when the petitioner admits the possibility of conflicting decisions between two forums.
RAMJI LAL CONSTRUCTION PVT LTD
UNION OF INDIA
GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI
RESERVE BANK OF INDIA
INDIABULLS HOUSING FINANCE LTD
NATIONAL HOUSING BANK
RAJIV SAHAI ENDLAW
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
