VidhiSangh

Supreme Court of India · 02/01/2025

SEROSOFT SOLUTIONS PVT. LTD. versus DEXTER CAPITAL ADVISORS PVT. LTD.

[2025] 1 S.C.R. 151 · 2025 INSC 26

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Summary

The Supreme Court set aside a High Court order under Article 227 that had directed an Arbitral Tribunal to allow the claimant a further opportunity to cross-examine the respondent's witness. The Tribunal had already given full opportunity, the High Court found no perversity in its refusal, and the statutory policy of judicial restraint in arbitral matters required the High Court to keep out.

Issues

  1. Whether the High Court correctly exercised its supervisory jurisdiction under Article 227 of the Constitution in directing the Arbitral Tribunal to grant the claimant one more opportunity to cross-examine the respondent's witness, after the Tribunal had refused that request.
  2. Whether the Tribunal's refusal of further cross-examination denied the claimant a full opportunity to present its case.

Provisions considered

Held

Result

Appeals allowed; the High Court's order of 25.10.2024 set aside and the Tribunal's refusal of further cross-examination restored; the Arbitral Tribunal directed to resume and conclude the proceedings as expeditiously as possible.

Judgment PDF: Supreme Court of India, [2025] 1 S.C.R. 151.