PLAINT FOR DEFAMATION

(Project Report)

Submitted to
Mr. SANDEEP SUMAN
Faculty Member in Drafting, Pleading and Conveyancing

Submitted by
SURBHI BAIS
B. A. LL. B. (Hons.) Student
Semester – VIII , Section – C, Roll No. 175

Hidayatullah National Law University

Uparwara Post, Abhanpur, New Raipur – 493661 (C.G.)

1
 DECLARATION
This is to certify that the Project work done atHidayatullah National Law University, Raipur
Chhattisgarh by Ms.SURBHI BAIS, Roll no.175 has been found satisfactory. It has not been
submitted for any other examination and does not form a part of any other course undergone by
the candidate. It is further certified that she has made the project with all her sincerity and is
found authentic and not copied from any other project submitted earlier.

SURBHI BAIS

2
 ACKNOWLEDGEMENTS
First and foremost I would like to thank our course teacher Mr. Sandeep Suman, Faculty,
Alternate Dispute Resolution, HNLU, for allotting me this topic to work on and whose help and
assistance enabled me to move ahead with this topic.
I would like to thank my friends, who gave me their precious time for guidance and helped me a
lot in completing my project by giving their helpful suggestion and assistance. I would like to
thanks my seniors for their valuable support. Last, but not the least I thank the University
Administration for equipping the University with such good library and I.T. facilities, without
which, no doubt this work would not have taken this shape in correct time .

SURBHI BAIS
SEM VIII
ROLL NO.175

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CONTENTS

Declaration…………………………………………………………………2

Acknowledgements………………………………………………………...3

Chapter 1:-Introduction…………………………………………………….5

 Objective …………………………………………………………..…6
 Research Methodology…………………………………………..…..6

Chapter 2:- Making of arbitral award and terminations of proceeding….7

 Types of awards……………………………………………………..8
 Forms of the awards…………………………………………………9
 Substantive requirements…………………………………………….10

Chapter 3:- Recourse against arbitral award ……………………………...12

Chapter 4:-Finality & Enforcement of award ………………………………16

Conclusion…………………………………………………………………....20

Bibliography…………………………………………………………….…….21

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 CHAPTER 1-INTRODUCTION

Order VII of the Code of Civil Procedure deals with plaint. Plaint is basically the
pleading of the petitioner in a civil suit. There are certain general principles that
are applicable to pleadings and therefore implicitly to plaint also. They are:

 Only facts have to be stated and not law;

 The facts stated should be material facts;

 No evidence should be stated;

 The facts should be stated in a concise, brief and clear manner.

However, there are certain exceptions to the general principles, like the
foreign law if used in the case has to be stated, also if there is any condition
precedent for filing the suit or any mixed question of law and fact (e.g. Res
Judicata) or any custom or usages etc., have to be stated.

OBJECTIVES
1. To study the making of arbitral award and termination of proceedings;
2. To examine the recourse against arbitral award.
3. To analyse the finality of arbitral award.

RESEARCH METHODOLOGY
Nature of research work: This project “Arbitral Award” is a “Doctrinal” work. Doctrinal research
includes studying books and established literature and not actually going to the field and doing
empirical research.
Source of research work: The sources of this project are both primary (bare acts, statutes, etc)
and secondary sources (books given by different authors, journals, internet, etc).

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CHAPTER 2 : Plaint

Meaning

The expression ‘plaint’ has not been defined in CPC. However, it can be said to be a
statement of claim, a document, by presentation of which a suit is instituted. Its object is to state
the grounds upon which the assistance of the court is sought by the plaintiff. It is a pleading of
the plaintiff.1

Particulars of a Plaint [O. VII, R. 1- R. 8]

Every plaint should contain the following particulars:

 The name of the court in which the suit is brought;2

 The name, description and place of residence of the plaintiff;3

 The name, description and place of residence of the defendant;4

 Where the plaintiff or defendant is minor or a person of unsound mind, a statement to that
effect;5

 The facts constituting the cause of action and when it arose;6

 The facts showing that the court has jurisdiction;7

 A statement of the value of the subject matter of the suit for the purpose of jurisdiction and
court fees;8

 The reliefs claimed by the plaintiff, simply or in the alternative;9

1
O. VI, R. 1
2
O. VII, R. 1 (a)
3
O. VII, R. 1 (b)
4
O. VII, R. 1 (c)
5
O. VII, R. 1 (d)
6
O. VII, R. 1 (e)
7
O. VII, R. 1 (f)
8
O. VII, R. 1 (i)
9
O. VII, R. 1 (g), R. 7, R. 8

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 Where the plaintiff files a suit in the representative capacity, the facts showing that the
plaintiff has an actual existing interest in the subject-matter and that he has taken steps that
maybe necessary to enable him to file such a suit;10

 Where the plaintiff has allowed a set off or relinquished a portion of his claim, the amount so
allowed or relinquished;11

 Where the suit is for recovery of money, the precise amount claimed;12

 Where the suits is for accounts or mesne profits or for movables in the possession of the
defendant or for debts which cannot be determined, the approximate amount or value
thereof;13
 Where the subject-matter of the suit is immovable property a description of the property
sufficient to identify it, e.g. boundaries, survey numbers, etc.14

 The interest and liability of the defendants in the subject-matter of the suit;15

 Where the suit is time-barred, the ground upon which the exemption from the law of
limitation is claimed.16
We can divide the above mentioned particulars in three essential parts:

 Part I – The Heading and Title

 Part II – The Body of the Plaint

 Part III – The Relief Claimed

10
O. VII, R. 4
11
O. VII, R. 1 (h)
12
O. VII, R. 2
13
O. VII, R. 2
14
O. VII, R. 3
15
O. VII, R. 5
16
O. VII, R. 6

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CHAPTER 3: Heading and Title

 Name of the Court

Every plaint should begin with the name of the court in which the suit is brought,17 to be
written at the head of the plaint and this is called its heading, e.g. “In the Court of District Judge,
Chandigarh”. It is not necessary to add the name of the Presiding Officer of the Court. Where a
court, e.g., the High Court, has various jurisdictions, the jurisdiction in which the suit is brought
should be stated below the name of the Court, thus:

“In the Punjab and Haryana High Court, Chandigarh” it is stated whether the case is in
Testamentary Jurisdiction or Matrimonial Jurisdiction or Ordinary Original Civil Jurisdiction or
Appellate Jurisdiction, etc.18

 Parties to the Suit

There must be two parties in every suit, namely, the plaintiff and the defendant. There may,
however, be more than one plaintiff or more than one defendant.19It is essential to state in the
plaint:

1. The name, description and place of residence of each plaintiff; 20and

2. The name, description and place of residence of each defendant, so far as they may be
ascertained.21
The word ‘description’ includes the name of the father, age and other particulars necessary to
identify a person. If a defendant is not properly named or described, but the real person intended

17
O. VII, R. 1 (a)
18
Mogha, P.C., Law of Pleadings in India, 17th Ed., Eastern Law House, Kolkata, 2006, p. 254
19
Takwani, C.K., Civil Procedure, 6th Ed., Eastern Book Company, Lucknow, 2009, p. 219
20
O. VII, R. 1 (b)
21
O. VII, R. 1 (c)

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has been properly served with the summons and he does not appear to defend the suit, a
judgment passed against him will be as effective as if his true name and description has been
given in the plaint, and the correct name and address can be substituted at any subsequent time
when they are discovered, because the whole purpose of the description of parties is to properly
identify the person who is a party to the suit.

When there are several plaintiffs or several defendants, each should be described properly
and serial number should be given to each of them so that they can be easily referred to in the
pleadings. It is convenient to mention them in the order in which they play their part in the story
told in the plaint.22

A minor or insane person cannot sue or be sued except through a next friend (in the case of
a plaintiff) or a guardian ad litem (in the case of a defendant). Where any of the parties is a minor
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or a person of unsound mind, he should be so described in the cause title, and the name and
description of the person through whom he sues or is being sued should also be stated. For
example:
AB, s/o …….., r/o…….., a Minor, by CD, s/o …….., r/o…….. his next friend

–
Plaintiff

Versus

EF, s/o ………, r/o………. a Minor, through his guardian GH, s/o ………, r/o………

–
Defendant

Though there is no provision in the Code to require that when a party sues or is being sued in
his representative character, he should indicate that fact in the cause title of the plaint also, in

22
Mogha, supra note 18, p. 255
23
O. VII, R. 1 (d)

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addition to making a statement to that effect in the body of the plaint, yet it is convenient to state
the matter in the title also. Such description should be in the following form:

AB, s/o ……, r/o ……, suing on behalf of himself and of all the Hindu residents of
Village…..24

 Title of the Suit

The title of the suit shall mention the reason for approaching the court and the provision
under which the jurisdiction of the court is being evoked. For example:

“Petition for Permanent Injunction restraining the Defendant …. from illegally dispossessing
the property of the Plaintiff…”

“Rent Petition under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 for the
purpose of eviction of the Respondent tenant from the tenancy premises (H. No. …., Sector ….,
Chandigarh) on the ground of non-payment of rent and creating nuisance”

Body of the Plaint:

The second part of the plaint is its body, which is the plaintiff’s statement of his claim and of
other matters which he is legally required to state. It is drawn up in the form of a narrative in the
third person, and is divided into short paragraphs, each containing ordinarily one fact. It is
composed of two portions- the formal portion and the substantial portion.

Formal Portion

The formal portion consists of the following particulars:

24 Mogha, supra note 18, p. 256

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1. A statement as to when the cause of action arose;

2. Facts showing that the court has jurisdiction;

3. A statement of the value of the subject-matter of the suit for the purposes of jurisdiction and
of court-fees;

4. When any party is a minor or a person of unsound mind, a statement to that effect;

5. When the plaintiff sues in a representative character, a statement to that effect, coupled with
the statement that he has taken the steps (if any) necessary to enable him to institute the suit;

6. When the suit is instituted after the period of limitation, a statement showing the ground on
which the exemption is being claimed.

 Date of Cause of Action:

The date of the cause of action should as far as possible be precisely given. O.VII, R. 1(e)
requires that the plaint should contain “the facts constituting the cause of action and when it
arose.” For instance, the cause of action for suit for damages for breach of contract would be the
contract, its breach and the resulting damages. The date of accrual of cause of action is the date
on which the breach of contract took place.25
The object of this rule is to determine whether the suit is within the period of limitation. Sec.
3 of the Limitation Act, 1963 lays down that every suit instituted, appeal preferred and
application made after the prescribed period, shall be dismissed although limitation has not been
set out as a defence. It is therefore the duty of the court to find out whether the plaint is in time.26

 Jurisdiction of Court:
The plaint must state all the facts showing how the court
has pecuniary and territorial jurisdiction over the subject matter of the suit.27 If the plaintiff
relies on the defendant’s residence or place of business as giving jurisdiction, the facts showing

25
Mogha, supra note 18, p. 258
26
Ibid., p. 259
27Takwani, supra note 19, p. 221

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this must be stated in the body of the plaint. The statement of these facts in the title of the suit is
not sufficient as the title to the suit is not covered by the verification clause.28

 Valuation of Suit:
The plaintiff must distinctly and separately give in his plaint the valuation of his claim for the
purposes of court fee and of jurisdiction. Sometimes, the valuation of the subject-matter for both
the purposes may be the same, for example, in a suit for recovery of money. But sometimes, the
two valuations may differ, for example, in a suit for declaration or in a suit for injunction or for
possession of immovable property. In such a case, the plaintiff should distinctly state the
valuation of the suit for the purpose of the jurisdiction of the court and for the purpose of court
fees.[30]

1.For Court fee – The valuation for the purpose of the court fee is required in those cases only
in which the court fee is charged, under the Court Fee Act, on the valuation, e.g. in suits for
recovery of money, property, etc. In such cases the object of the rule is to enable the court to
check, with reference to the valuation given in the plaint, whether the court fee paid is sufficient
or not.

In suits for which a fixed court-fee is payable, e.g. in suits for declaration without a
consequential relief, no value for the purposes of court-fee need to be given, but it may be
alleged that a fixed fee has been paid on the plaint.

2. For Jurisdiction – Valuation of a claim for the purpose of jurisdiction is required in order to
determine whether the suit is within the pecuniary jurisdiction of the court, and also further for
determining the forum of appeal. In some cases this required also for determining the amount of
process-fee required to be paid, as per the rules framed by some of the High Courts.

 Minority or Insanity of a party:

28Gupta, Vinay Kumar, Mulla The Code of Civil Procedure, Abridged, 14th Ed., LexisNexis Butterworths Wadhwa
Nagpur, Gurgaon, 2005, p. 838

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 However, there is no case law on whether the description of the plaintiff or defendant being a
minor or of unsound mind in the title of the case is sufficient compliance with the rule, it is better
that such statement should be contained in the body of the plaint also.

 Plaintiff’s Representative Character:

If the plaintiff sues in the representative character, that fact should also be stated in the
opening paragraph of the plaint. Example-

“The plaintiffs are Hindu residents of Village ….. and as the number of Hindu residents of
the said village, who are interested in the subject-matter of the suit to the same extent as the
plaintiffs, is large, plaintiffs bring this suit on behalf and for the benefit, of all Hindu residents of
the said Village …..”

 Preliminary Steps:
If under any law, a plaintiff has to take any preliminary steps before being entitled to bring a
suit in a representative capacity, he must also state that he has taken those steps. For instance, a
suit to establish right to the estate of a person dying intestate to whom the Indian Succession Act
applies cannot be instituted unless letters of administration have been obtained.29

 Limitation:
If a claim is prima facie barred by limitation, and the plaintiff claims it to be within time by
reasons of any of the exceptions to the general rule of limitation, the ground upon which the
exemption is claimed shall be known in the plaint.30 If the claim is barred by limitation and the
ground of exemption is not alleged, the plaint is liable to be rejected under O. VII, R. 11 (d).31

29
Ibid., p. 264
30
O. VII, R. 6
31 Mogha, supra note 18, pp. 265-67

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Substantial Portion

The other portion of the body of the plaint, which must be called its substantial portion,
should contain a statement of all the facts constituting the cause of action, with such particulars
of those facts as are necessary. And where the plaintiff seeks relief in respect of several distinct
claims or causes of action founded upon separate and distinct grounds, they shall be stated as far
as possible separately and distinctly.32 The plaint shall further show, either specifically or by
implication from other facts, that the defendant is, or claims to be, interested in the subject-
matter and that he is liable to be called upon to answer to the plaintiff’s demand. Where there are
more than one defendants and they are not jointly interested in the claim, it should be shown
what the liability of each is and why each has been impleaded in the suit. Similarly, if more
plaintiffs than one bring a joint suit and their interest in the subject-matter is not joint; their
causes of action would be separately shown.

1. Cause of action:
Every suit presupposes the existence of a cause of action against the defendant because if
there is no cause of action, the plaint will be rejected.Even though the expression ‘cause of
action’ has not been defined in the Code, it may be described as “a bundle of essential facts,
which it is necessary for the plaintiff to prove before he can succeed”, or “which gives the
plaintiff right to relief against the defendant”. Thus, cause of action means every fact, which is
necessary to establish to support a right or obtain a judgment.

The classic definition of the said expression is found in the case of Cooke v.Gill33 wherein
Lord Brett observed, “Cause of action means every fact which it would be necessary for the
plaintiff to prove, if traversed, in order to support his rights to the judgment of the court.”
It is necessary for the plaintiff to state specifically when such cause of action arose. This will
enable the defendant as well as the court to ascertain from the plaint whether the cause of action
as alleged by the plaintiff did arise or not. In Kuldip Singh v. Ganpat Lal,34 the Supreme Court
stated, “The object underlying O. VII, R. 1 (e), which requires that the plaint shall contain the

32 O. VII, R. 8
33 (1873) 8 CP 107
34 (1996) 1 SCC 243

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particulars about the facts constituting the cause of action and when it arose, is to enable the
court to find out whether the plaint discloses the cause of action because the plaint is liable to be
rejected under O. VII, R. 11 if it does not disclose the cause of action.”
Thus, in a suit for possession against the tenant on the ground of non-payment of rent, the
period for which the tenant has been in default must be stated. Where the plaintiff seeks relief in
respect of several distinct claims or causes of action founded upon separate and distinct grounds,
he should state them as far as possible separately and distinctly.35 Those facts which are material,
essential or integral form the cause of action. This is decided by the court.

Relief:

The third and the last part of the plaint is the relief sought by the suit. The relief sought
should be accurately worded and it is risky to use loose language.Every plaint must
state specifically the relief which the plaintiff claims whether it be damages or specific
performance or an injunction or a declaration or possession of land or relief of any other kind. A
plaintiff might claim any one or more of such reliefs, either simply or in the alternative. These
reliefs have to be specifically claimed because reliefs claimed in the plaint cannot be
supplemented by an oral prayer.

 Specific Ground

Where a relief is claimed upon a specific ground, the court may grant it upon a ground
different from that on which it is claimed in the plaint if the ground is disclosed by the allegation
in the plaint and the evidence in the case. The power of the court to grant just and proper relief to
a party without asking is also recognized by the provisions of O. VII. Similarly, a court may
grant future mesne profits in a suit for possession and mesne profits even though they are not
specifically prayed for.

35 O. VII, R. 8

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 Excess Relief Claimed

When the plaintiff asks for more than what he is entitled to, the suit should not be dismissed
but a decree given for what he is entitled to. Thus, in a suit for ejectment, the court can grant
decree for joint possession or partition. However, when a plaintiff asks for less than what he is
entitled to, no decree can be given in excess of what is claimed unless the plaint is amended.

 General Relief

The court also provides that it is not necessary to ask for any general or other relief, in
addition to the main relief or reliefs which the plaintiff claims. Such general or other relief may
always be given as the court may think fit, to the same extent as if it has been asked for. The
practise of adding a relief in the following or similar form “Any other relief to which the plaintiff
may be found to be entitled”, is, however, common.

Signature and Verification:

At the end of the plaint, the plaintiff puts his signature on the plaint. If the plaintiff is absent,
for any good cause, then the signature of a person duly authorized by him to sign or to sue and
also the signature of his pleader, if any.

Verification of the plaint by the plaintiff himself or where he is unable to verify because of
his absence or any other good cause, by some other person proved to the satisfaction of the court
to be acquainted with the facts of the case. The verifier shall specify by reference to the
numbered paragraphs of the pleadings, what he verifies of his own knowledge and what he
verifies upon information received and believed to be true.

Signature of the verifier along with the date at which and the place where the verification is
made. The verification shall be made before the court or an officer appointed to administer oath,
i.e. Oath Commissioner. Where the plaintiff or the verifier of the plaint does not know the

16
language of the plaint in which it is written, the contents thereof must be interpreted and
explained to him before he puts his signature and the verification is attested by the Oath
Commissioner.36

Affidavit:

CPC does not say how the affidavits are to be drawn up and sworn. The different High
Courts have, however, have framed rules by amendments to O. XIX CPC. Affidavit shall be
confined to such facts as the affiant is able to his own knowledge to prove except upon
interlocutory applications where statement of his belief may be admitted. 37 The grounds of belief
of the affiant are required to be stated with sufficient particularity to enable the judge to know
whether it would be safe to act on the deponent’s belief. The affidavit should contain only that
allegation which is absolutely necessary. The affiant should be fully described in the affidavit
and the affidavit should be drafted in first person. The person or place referred to in the affidavit
should be correctly and fully described so that he or it can be easily identified. The declarant
should state the source of the documents which are produced along with the plaint if the affidavit
discloses some facts in the document. The affidavit should have an oath or affirmation written
out in the end.38

Production of Documents:

Rule 14 – Rule 17 deal with the production of documents by the plaintiff. The object of R. 14 is
to apprise the defendant regarding the foundation of the plaintiff’s claim and also to exclude the
production of a document of doubtful nature at a later stage.

R. 14 directs the plaintiff to file the documents which he intends to rely on and which are in his
power and possession, along with the plaint. All such documents should also be entered in the
36Chaturvedi, A.N., Principles and Forms of Pleadings and Conveyancing with Advocacy and Professional Ethics,
10th Ed., Allahabad Law Agency, Faridabad, 2007, p. 58
37 O. XIX, R. 3
38 Ibid., p. 262

17
list of documents and where a document entered in the list of documents is not produced at the
time of the plaint, it shall not be received in evidence without the leave of the court. The purpose
behind R. 14 is to provide against false documents being set up after the institution of the suit.
Therefore in those cases, where there is no doubt of the existence of a document at the date of the
suit, the court would as a general rule, admit the documents in evidence even though it was not
produced with the plaint or entered in the list of documents annexed to the plaint as required by
R. 14. But the court may even in such cases refuse to receive it in evidence, if it is produced at a
very late stage of the proceedings. The Lahore High Court refused to admit a document after the
arguments were closed as no reason was shown for its non-production.39

The court has wide discretion to allow or disallow production of documents at a later stage
having regard to facts and circumstances of each case. The provision, however, does not apply to
the following documents:

 Documents reserved for the purpose of cross-examination of the defendant’s witnesses; or

 Documents handed over to a witness merely to refresh his memory.40

39 Dasaundhi Khan v. M. Rabian, (1935) 17 Lah 218

40 O. VII, R. 14 (4)

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CHAPTER 4: MOCK PROBLEM

In the court of civil judge class1, indore

Suit no.45673

A.B, age 34,S/o of DF ,H/no.123, M.G road, indore, M.P………………………….plaintiff

Versus

M. N. age 46 s/o O. P.456, M G Road, Indore, MP …………………………………...defendant

Suit for libel and slander

The above-name plaintiff states as follow

1. That the parties are residents of village OP in the district of MN
2. That the plaintiff was, and still is, practicing at the said village as Hakim duly registered as
medical practitioner under the Pepsu Ayurvedic and Unami Practioners Act, 2008 BK, and has
many friends and patients in the said village and other surrounding villages.
3. That the plaintiff had taken examination conducted by the Bhupindera Tibba College, Patiala, in
1943,AD and passed the same and obtained degree in ‘ Hazaq-UI Hukama’ and diploma
in’(Mohiro-Tibbo-Jarahat)’ from the said college which was a recognized Institution in the
erstwhile Patiala and East Public States Union.
4. That on…….19…….. the defendant falsely and out of malice, published and distributed
pamphlets, containing imputation that the plaintiff ‘was a quack Hakim and was illiterate and had
obtained fictitious and reputation and to injure him in his profession, amount the public of OP
village and other villages located in its vicinity and that the defendant had also spoken on similar
lines to the public against the plaintiff.
5. That by the said words the defendant meant, and was understood to mean, that the plaintiff was
inefficient and incompetent and dangerous as a medical practitioner and further that he was
dishonest person.

19
 6. That by reason of the premises, the plaintiff has been adversely affected in his profession and
greatly injured in his reputation and has suffered much mental strain and humiliation
7. That the cause of action for the suit arose on………19…….when the defendant published and
distributed the said pamphlets containing defamatory imputation against the plaintiff and spoke
on similar lines to the public.
8. That the defendant resides in………within the jurisdiction of this Court.
9. That the valuation of the suit for purpose of jurisdiction of this court.-fee is Rupees…….on wich
a court-fees of Rupees…….has been paid.

Wherefore the plaintiff claim:-

a) Rupees………… as damages for loss in his practice as Hakim resulting from the libel
and slander committed by the defendant; and
b) Rupees…………..as damage for mental strain and worry on account of libel and
slander committed by the defendant.
c) Costs of the suit.

Place: Indore
Dated: 13/1/16

AB
Plaintiff
Verification
I, AD, the aforesaid plaintiff, do hereby verify that the contents of paragraphs…….and……of
the above plaint are true to my personal knowledge and the contents of paragraphs…..and……,I
believe to be true on information received.

Signed and verified this …………….day of …….19…….at…………..

AB
Plaintiff
XY
Advoacte.

20
 CONCLUSION
The parliament has enacted arbitration and conciliation act with a view to provide speedy remedy
by arbitration and to achieve the objective, section 5 of the act puts a complete bar on the
convention of the courts in matter where there exist an arbitration clause. The law of arbitration
in India is very much at its crossroads. As things stand today , arbitration is poised to effect great
changes to the way in which dispute resolution is conducted. It bring with it the solemnity and
finality of the judicial process and couple it with the procedural flexibility of non-conventional
dispute resolution methods. There is, however an equally pressing need to recognize that much
more can and should be done to improve the conduct of arbitral proceedings in India but most
importantly, we feel that there is a need to effect a change in perception. As our nation moves
towards increasing litigiousness, alternative methods of dispute resolution might just provide the
key to resolving the problem of overburdened cases loads, long pendency of cases and an all too
frequent case of justice being delayed. For long, the problem plaguing the effective
implementation of ADR method has been their perception as being subordinate to the court
process-a perception shared and fostered by lawyer and people alike. It is imperative that this be
changed and this can only be achieved if there is active engagement from all the stakeholder in
this process. Certainly there are some dispute inherently unsuited for alternative channels but
there are so many more which fit perfectly within the version envisaged for a system of
rendering justice that runs concurrent to the court. It is necessary for the court themselves to
mandate recourse to ADR methods in inter alia international commercial disputes,
employment dispute, matrimonial cases, compoundable criminal offences, to name just a few.
Saw pipe case’s expanded judicial review is especially unsuitable in the Indian context where
court are overwhelmed with backlog. In such scenario to permit a challenge on merit would
considerably delay the enforcement proceedings. A majority of parties opting for arbitration do
so to avoid court delays and legal niceties. An unfortunate side effect of this decision is that it
has become a ground for parties to shift the venue of arbitration outside India. The supreme
court’s decision (venture global engineering case ) files in the face of modern commercial
practice. At the end of the day , what should take precedence is the provision of justice, in
substance more than in form. As our country grows and flowers, taking wing in issue
unimagined before , it is time also for our dispute resolution systems, the undisputed backbone

21
of our nation, to follow suit. At the end of the day arbitration would see the day light of true
success when people would start accepting the arbitral award and its finality as that of a
judgment by the supreme court not because it is justice always but because it is final always,
having no further appeal.

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 BIBLIOGRAPHY
1. AVTAR SINGH, LAW OF ARBITRATION AND CONCILIATION (8th ed., Eastern Book Company
2007).
2. BERNSTEIN, BERNSTEIN’S HANDBOOK OF ARBITRATION AND DISPUTE RESOLUTION

PRACTICE (4th ed., Sweet & Maxwell 2003).

3. G.K.KWATRA, ARBITRATION AND CONCILIATION LAW OF INDIA (7th ed., Universal Law
publishing 2010).
4. O.P.MALHOTRA, LAW AND PRACTICE OF ARBITRATION (2nd ed., Lexis Nexis 2006).
5. REDFERN AND HUNTER, LAW AND PRACTICE OF INTERNATIONAL COMMERCIAL
ARBITRATION (4th ed., Oxford University Press2004).
6. RUSSELL, RUSSELL ON ARBITRATION (22nd ed., Sweet & Maxwell 2003).

References:

1. Law Commission of India, 176th Report on Arbitration and Conciliation (Amendment)

Bill, 2001 at p 68.
2. http://lawcommissionofindia.nic.in/adr_conf/nageswara%20rao10.pdf
3. http://lawcommissionofindia.nic.in/adr_conf/concepts%20med%20Rao%201.pdf
4. http://arbitrationandconciliation.wordpress.com/
5. http://en.wikipedia.org/wiki/Arbitration

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