Published on: April 16, 15:11 IST
Court: Supreme Court of India
Citation: DMRC v. Delhi Airport Metro Express (P) Ltd. 2024
Honourable Supreme Court of India has held that it may entertain a curative petition in following circumstances.
- Prevent abuse of its process; and
- To cure a gross miscarriage of justice.
- Violation of the principles of natural justice; or
- Where the Judge fails to disclose his connection with the subject matter or the parties, giving scope for an apprehension of bias.
34. The enumeration of the situations in which the curative jurisdiction can be exercised is thus not intended to be exhaustive. The Court went on to lay down certain procedural requirements to entertain a curative petition such as a certificate by a Senior Advocate about fulfilling of the requirements.
35. In his concurring opinion, Justice Banerjee also laid down a similar test of ‘manifest injustice’ to exercise the jurisdiction of this Court under Article 142 while entertaining a curative petition. In essence, the jurisdiction of this Court, while deciding a curative petition, extends to cases where the Court acts beyond its jurisdiction, resulting in a grave miscarriage of justice. We now proceed to lay down the scope of jurisdiction of this Court and the competent courts below while dealing with cases arising out of an application to set aside an arbitral award under Section 34 of the Arbitration Act.
Drafted By Abhijit Mishra