A new Constitution bench of 5 judges has been constituted by the Supreme Court to hear two cases.
The new Constitution bench would comprise of Chief Justice of India (CJI) DY Chadrachud,Justice Hrishikesh Roy,Justice PS Narasimha, Justice JB Pardiwala, and Justice Manoj Misra.
The bench will sit from March 21, Tuesday and is scheduled to hear the following two cases:
1.Cox and Kings vs SAP Pvt Ltd
This matter had come out of arbitration proceedings and concerns the issues pertaining to the group of companies doctrine.
As per the group of companies doctrine, a non-signatory may be bound by an arbitration agreement if it is a member of the same group of companies as the signatory and all of the parties to the arbitration agreement mutually intend that the non-signatory be bound by it.
The bench shall consider whether a group of companies doctrine reads into Section 8 of the [Arbitration] Act or can it exist in Indian jurisprudence independent of any statutory provision?
It should also consider if the doctrine of group of companies would continue to be invoked on the basis of the principle of single economic reality’?
Another pertinent point, that comes is if group of companies doctrine should be construed as a means of interpreting the implied consent or intent to arbitrate between the parties
Another point to ponder is if the principles of alter ego and/or piercing the corporate veil can alone justify pressing the group of companies doctrine into operation even in the absence of implied consent?
2.Tej Prakash Pathak and ors vs Rajasthan High Court and ors
In this matter, the Apex court has to deal with question on whether State instrumentalities can change eligibility rules after a selection process has begun.
The question here is about whether appointment to a post be altered by authorities concerned in the middle or after the process of selection has started?
The question in the reference order reads as follows whether such a principle should be applied in the context of the ‘rules of the game’ stipulating the procedure for selection more particularly when the change sought is to impose a more rigorous scrutiny for selection requires an authoritative pronouncement of a larger Bench of this Court.”
The matter had been listed before a Constitution bench led by Justice Indira Banerjee, but the bench had to be dissolved after her retirement on September 23 last year.