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The Delhi High Court recently held that courts cannot consider the question of viability of a claim as under Order 2 Rule 2 of the Code of Civil Procedure, while hearing a petition under Section 11 of the Arbitration and Conciliation Act, 1996.
Justice Navin Chawla ruled, “The question whether the claim of the petitioner would be barred by the principles of res judicata or estoppel or by Order II Rule 2 of the CPC are not matters to be considered by this Court while exercising its jurisdiction under Section 11 of the Act.”
Order 2 Rule 2 CPC states that where a plaintiff omits to sue in respect of, or intentionally relinquishes, any portion of his claim, he shall not afterwards sue in respect of the portion so omitted or relinquished.
The court appointed former Supreme Court judge, Justice Vikramajit Sen as the nominee Arbitrator of RLDA, noting that the earlier arbitral proceedings had been conducted by the Arbitral Tribunal which had Justice Sen. The two Arbitrators shall now proceed to appoint the Presiding Arbitrator in accordance with the arbitral procedure agreed on between the parties. The petitioners were represented by Senior Advocate Ciccu Mukopadhyay and Advocate Saurav Agrawal, while RLDA was represented by Advocates Shaurya Sahay, Avijit Mani Tripathi and Kumar Abhishek.
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