Courts must ensure no one is made to face same kind of litigation twice over: Delhi High Court

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“The principle that a party cannot be permitted to re-adjudicate the same issue is based on public policy,” the Court noted.

The Delhi High Court recently observed that re-adjudication of the same issue is contrary to public policy and the courts must ensure that a litigant is not made to face the same kind of litigation twice over [Jaiprakash Associates Ltd Vs NHPC Ltd].

Justice Subramonium Prasad made the observation while delivering a judgment on a petition led under Section 11 (appointment of arbitrator) of the Arbitration and Conciliation Act, 1996 by Jaiprakash Associates. “The principle that a party cannot be permitted to re-adjudicate the same issue is based on public policy. The Courts of competent jurisdiction have to ensure that no one should be made to face the same kind of litigation twice over as such a process is contrary to fair play and justice,” the Court observed.

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