Scope Of Judicial Review In Contractual Matters Involving Technical Issues Is Limited

Case: Sandip Dalpatbhai Kikani V/S Indian Oil Corporation

Coram: Justice Vaibhavi Nanavati

Case No.: C/SCA/10455/2022

Court Observation: “In contracts involving technical issues, the Courts should be even more reluctant because most of us in judges’ robes do not have the necessary expertise to adjudicate upon technical issues beyond our domain.”

“The scope of judicial review for interference in contractual matters is very limited. In the facts of the present case, the impugned orders passed by the respondent authorities are based on the expert opinion and the expertise in the field. Both the impugned orders are passed by the experts in the field, further, the appellate authority i.e. DRP included a High Court Judge and two technical members examined the said issue and accordingly while passing the impugned orders, the issue involved came to be tested by the judicial expert as well as technical expert.”

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