It is first to be noted that the Arbitration and Conciliation Act, 1996 is a special statute vis-à-vis the Delhi High Court Act, which would be a general statute dealing with the jurisdiction and procedure of the High Court. It is well established principle of law that a special provision made on a certain matter would exclude the general provision in its application, with the provision of the special Act prevailing over the provision of a general Act. This principle is expressed in the maxims Generalia Specialibus Non Derogant and Specialia Generalibus Derogant. Reference can be drawn to the judgment of the Supreme Court in Jogendra Lal Saha v. State of Bihar and others, MANU/SC/0282/1991 : AIR 1991 SC 1148 and P.V. Hemalatha v. Kattamkandi Puthiya Maliackal Saheeda and others, MANU/SC/0501/2002 : AIR 2002 SC 2445.
13. The object and intent of the legislature in substituting the Explanation to Section 47 of the Act can be found in the 246th Report of the Law Commission, which has been reproduced hereinabove. The provision therefore, clearly intended to ensure that all challenges to a Foreign Award are made only before the High Court. Such intent cannot be defeated by applying a subsequent general law. In view of the above, the provisions of the Delhi High Court Act cannot be made applicable to the petitions seeking enforcement of the Foreign Awards.
14. In Kandla Export Corporation and Anr. v. M/s. OCI Corporation and Anr., MANU/SC/0112/2018, the Supreme Court relying upon its earlier judgment in Fuerst Day (supra) held that Section 13(1) of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 being a general provision vis-a-vis arbitration relating to appeals arising out of commercial disputes, would obviously not apply to the case of Section 50 of the Act. Applying the above ratio, it would be clear that the Delhi High Court Act would not apply to the petitions seeking enforcement of a Foreign Award under the Arbitration and Conciliation Act, 1996 as amended by the Amendment Act.
IN THE HIGH COURT OF DELHI
Ex. P. 330/2015 and E.A. No. 387/2018
Decided On: 28.11.2018
Precious Sapphires Ltd. Vs. Amira Pure Foods Private Ltd.
Hon'ble Judges/Coram:
Navin Chawla, J.
