Finality and justice

Context: The Supreme Court of India invoked its curative jurisdiction to overturn its 2021 judgment relieving Delhi Metro of a ₹7,687 crore burden.

Curative Jurisdiction:

• Curative petitions are rare and can be filed only after the apex court refuses to review its judgment,
• There are only two main grounds for entertaining such a petition:
• To prevent abuse of process
• To prevent gross miscarriage of justice.
• It is founded on the principle that the court’s concern for justice is no less important than the principle of finality.
• The outcome emphasizes the importance of getting both fact and law correct in arbitration appeals to avoid discouraging commercial litigants.