absence
of two members, the adjudicating authority is quorum non judis and cannot
function and/or continue to decide the case against the appellant ... cannot be
held to be vitiated on the ground of quorum non judis.
9. The learned Single Bench next proceeded to consider the argument
agreement was found to be an award made by quorum-non-judis. Both these decisions, however, relate to proceedings under Arbitration Act, 1940 . Similarly
agreement, the award would be
said to be a quorum-non-judis.
Thus, it is evident that where a Court lacks
inherent jurisdiction in passing ... patent illegality. But the
20
issue of jurisdiction based upon the quorum-non-judis is
the thrust of argument in the instant intra-court appeal
appellant also relied upon the
https://www.mhc.tn.gov.in/judis/
Page No.24/37
CMA No. 3264 of 2019 & Cross ... product of "quorum-non-judis".
Therefore, we are of the opinion that the Tribunal ought not to have relied on
the judgment
matter. It may not indeed have been a case of quorum non judis as contended by the petitioners but the order of stay passed
empowered in a regular manner, the proceedings before him became quorum non judis. He stressed a point that there is distinction between the conferment
matter. Therefore, it is submitted that the said Arbitrator functioned as quorum
non-judis. In support of his contention Mr. R.N. Das, learned Senior ... Kerala High Court on the ground that the reference was quorum non-judis.
Reliance was also placed at AIR 1954 SC 340 ( Kiran Singh
prejudicial to the
interest of the other members because of the quorum non judis.
This Court, therefore, feels that a triable issue is raised
merely on the ground of quorum-non-
judis.
According to him, the coram from where the award has been
passed consist of eight members which
empowered in a regular manner, the proceedings before him became quorum non judis. He stressed a point that there is distinction between the conferment
