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High Courts Has Inherent Jurisdiction To Recall Their Own Orders

In MUNICIPAL CORPORATION OF GREATER MUMBAI vs PRATIBHA INDUSTRIES LTD. & ORS., a single bench of the Bombay High court initially ordered appointment of an arbitrator. Later the judge realised that the agreement had no arbitration clause, and recalled the said order. On appeal by the other party, the Division bench held that since there is no provision in Part I of the Arbitration and Conciliation Act, for any court to review its own order, the review petition filed before the Single judge was not maintainable.

On appeal the Supreme Court disagreed with the division bench view and referring to judgments in National Sewing Thread Co. Ltd. v. James Chadwick & Bros., Shivdev Singh & Ors. v. State of Punjab and M.M. Thomas v. State of Kerala decided that it is clear that these constitutional courts, being courts of record, the jurisdiction to recall their own orders is inherent by virtue of the fact that they are superior courts of record.

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