DELHI HIGH COURT: PRINCIPLES OF NATURAL JUSTICE NOT VIOLATED WHEN OPPORTUNITY TO MAKE ORAL SUBMISSIONS IS NOT AVAILED

The Delhi High Court in the case CASA2 Stays Pvt Ltd v. BBH Communications India Pvt Ltd observed and has held that the principles of natural justice are not violated when the opportunity to make oral submissions on an issue wasbeing granted but was not availed by the party.

- 

The court in the case observed and has held that no party has the absolute right in order to insist on his convenience in every respect.

The bench comprising of Justice Suresh Kumar Kait and Justice Neena Bansal Krishna in the case observed and has held that an Arbitrator has a right to manage the proceedings and also to give directions to the parties to be present on a particular date, time and place and this would be sufficient compliance of the principles of natural justice.

Further, it has also been remarked by the said court that when the dispute between the parties was based on documents, merely because the oral arguments were not addressed by a party, the same does not lead to inevitable denial of principles of natural justice, unless it is shown that a pertinent aspect was left unconsidered.

Background of the case: The respondent, who being an company, entered into a contract with the appellant, engaged in hospitality under the 'Fab Hotels.' An agreement was being signed up with the respondent offering advertising services on April 26, 2018. Therefore, the contract term was March 19, 2018 and June 18, 2018 and an advance payment was made for an amount of Rs. 91,45,000/-.