The Delhi High Court held that it is not allowed for a litigant to adopt opposing positions in the same litigation.
Title: ANR International Private Limited v. Mahavir Singhal & Ors.
Decided on: 03 November, 2023
+ FAO (COMM) 164/2023 & CM APPL. 40580/2023
CORAM: Hon’ble Justice V. Kameswar Rao and Justice Anoop Kumar Mendiratta
Introduction
A party cannot be allowed to approve and reprobate on the same facts at the same time, the Delhi High Court stated in dismissing a plea that contested a trial court ruling dated June 2, 2023.
Facts of the Case
The current appeal challenges an order dated June 02, 2023 issued by the District Judge of Commercial Court-01, Shahdara, Karkardooma, Delhi, dismissing an application filed by defendant No. 1 in the suit bearing CS(COMM.) No. 541/2022, pursuant to Section 8 of the Arbitration and Conciliation Act, 1996.
Courts analysis and decision
The court noted that the courts would be encouraging and abetting such litigants to break the law, especially fiscal laws, and would be allowing the litigants to periodically change their appearance to their benefit and the detriment of the public coffers and the general public if they were allowed to take a different stance during litigation than they have been taking while abiding by various laws. It went on to say that the same cannot be allowed and rejected the plea as not maintainable. The court went on to say that the respondent used Section 21 of the Act of 1996 to invoke the arbitration clause, despite the appellant’s initial denial due to incorrect counsel.
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Written by- Hargunn Kaur Makhija