HC Under Article 226 Should Not Entertain A Dispute Which Is Arbitrable Unless There Is An Issue Of Public Interest: Supreme Court
The Supreme Court observed that ordinarily a High Court in its jurisdiction under Article 226 of the Constitution has to decline to entertain a dispute which is arbitrable, unless there is a fundamental issue of public interest. The bench comprising Justices DY Chandrachud, MR Shah and Sanjiv Khanna observed thus while considering appeals filed by Rapid Metrorail Gurgaon Limited against the order passed by the Punjab and Haryana High Court in writ petitions filed by Haryana Mass Rapid Transport Corporation (challenging termination notices issued by RMGL). Though there was an arbitration clause, the High Court had entertained the writ petition. In appeal, the Apex Court bench noted that the High Court was concerned over a fundamental issue of public interest, which was the hardship that would be caused to commuters who use the rapid metro as a vehicle for mass transport in Gurgaon.