Order Passed U/S 11 Cannot Be Recalled If Valid Arbitration Agreement Exists To Justify Reference Of Parties To Arbitration: Calcutta HC

The Calcutta High Court ruled that an order passed under Section 11 of the Arbitration and Conciliation Act, which refers the parties to arbitration, cannot be recalled once it is passed, provided a valid arbitration agreement exists. The case involved a dispute where the respondent sought to recall the order, arguing that the arbitration agreement was not enforceable. The court held that as long as the agreement was valid, the reference to arbitration remained binding. The decision reinforces the principle that once the arbitration process is initiated by the courts, it cannot be easily reversed, ensuring the finality of decisions that refer disputes to arbitration.