issuance of notice be waived and
whether a party can claim estoppel
consequent thereto?
xxx xxx xxx
B. Whether the Tribunal based its analysis ... notices, the Arbitral
Tribunal focused on the entitlement of waiver or
estoppel. It placed reference to the email dated
18.03.2012 inviting cooperation by GMRKE
Limited
were
36
made under the relaxed criteria, disregarding the principle of
promissory estoppel.
36.1 Further, it was submitted that the admissions granted to the
students
with the trial Court, held that
no plea of acquiescence, waiver or estoppel had been established in this case, the
appeal Court should not have ... Company as distinct from the pleas of waiver, acquiescence and
estoppel and sought to derive support for this new plea from the well known cases
that arises for consideration in these proceedings is
whether a plea of estoppel in law can be permitted to be raised by a
party ignoring ... urge that there
could be no estoppel against law, reliance was placed on State of
Rajasthan and another v. Surendra Mohnot and others
Delhi ............................. 22
(vi) Findings of High Court of Delhi as ‘Issue Estoppel’ .............................................. 25
(vii) Misplaced reliance on Group of Companies Doctrine .......................................... 28
V. Conclusion ... aliens, (iii) the petitioner is barred by issue estoppel arising
owing to dismissal of anti-arbitration injunction suit and also that, (iv) there
held that the challenge against the rescission on the grounds of
promissory estoppel against the SoG is unsustainable as it must yield to
the principle ... Board16, has elucidated the applicability of the principles
of res judicata and estoppel in the Indian context and held that:
“26. It is settled
Action
2025:KER:91345
W.A.No.2629 of 2025 9
Estoppel, nay, estoppel per rem judicatam/res judicata, not
even issue estoppel, inasmuch ... there is no Estoppel
against statute, does not constitute cause of action
estoppel, nay estoppel per rem judicatam/res judicata, or
even Issue Estoppel inasmuch
which the petitioner
has instituted does not constitute a Cause of Action Estoppel,
nay, estoppel per rem judicatam/res judicata, not even issue
estoppel, inasmuch ... there is no estoppel against statute,
2025:KER:45278
WA Nos.481 and 484 OF 2025 13
does not constitute cause of action estoppel
volunteering to give up such
right and/or waiver and/or estoppel.
39. In questioning the discretion and wisdom of the ld. Arbitrator in
allowing ... policy and fundamental policy of Indian law there
22
can be no estoppel against statute or against grounds related to public
policy being raised
which the petitioner
has instituted does not constitute a Cause of Action Estoppel,
nay, estoppel per rem judicatam/res judicata, not even issue
estoppel, inasmuch ... there is no estoppel against statute,
2025:KER:45278
WA Nos.481 and 484 OF 2025 13
does not constitute cause of action estoppel
