Pleadings Under Section 23(4) of Arbitration and Conciliation Act, 1996 before the Arbitral Tribunal would include the rejoinder or replication/surrejoinder filed with the permission of the Court – Buoyant Technology Constellations Pvt. Ltd. Vs. Manyata Infrastructure Developments Pvt. Ltd. and Anr. – Karnataka High Court
April 20, 2024
Hon’ble Karnataka High Court held that in terms of Section 23(4) of Arbitration and Conciliation Act, 1996, pleadings before the Arbitral Tribunal would include statement of claim, objections, counterclaim and objections to counterclaim. At this stage, it would be useful to refer Order VI Rule 1 of CPC which defines ‘pleading’. In terms of Order VI Rule 1 of CPC, ‘pleading’ shall mean plaint or written statement. Rejoinder or replication could be filed with the permission of the Court. When the rejoinder or replication is filed with the permission of the Court, then it would form part of pleadings. When this Court granted liberty to the petitioner to file surrejoinder and in terms of the said liberty, the petitioner filed surrejoinder. When such surrejoinder is filed on the liberty granted by this Court, it would form part of the pleadings.
