Deciding two connected writ petitions arising from a common Industrial Tribunal Award, the Delhi High Court set aside the Tribunal's direction granting hotel workmen a further…
Article 227 Cannot Be Invoked When Interrogatories & Discoveries Allowed By Tribunal Are Not In Nature Of Fishing Inquiry: Delhi HC
The Delhi High Court ruled that the scope of review under Article 227 is extremely narrow and cannot be invoked when interrogatories and discoveries allowed by the tribunal have a co-relation and nexus with the subject matter of the dispute. The court emphasized that such interrogatories and discoveries do not fall into the category of a fishing inquiry. The case involved two agreements with identical terms for different plots in a township project. The seller claimed frustration of the agreement due to the inability to acquire certain land, while the buyer sought either the execution of the transfer deed or compensation. The tribunal allowed the buyer’s applications for interrogatories and discovery, which the seller challenged under Article 227. The High Court dismissed the petition, reinforcing the limited scope of judicial intervention in arbitral proceedings.