Arbitration Lawyer fit to be High Court Judge: Supreme Court Collegium

Arbitration Lawyer fit to be High Court Judge: Supreme Court Collegium

The Supreme Court Collegium today said that an Arbitration Lawyer who does not have much appearance in the Court is also fit to be a High Court Judge since he is expert of a Domain. 

This observation of the Supreme Court Collegium came in a case of recommendation made by it with regard to Tejas Dhirenbhai Karia, Advocate. The Collegium also noted that the advocate who has been recommended for the post has a substantial income of more than 7 crore in the last five years. 

"The Supreme Court Collegium has recommended the name of Shri Tejas Dhirenbhai Karia, Advocate, for appointment as a Judge of the High Court of Delhi in the following terms:

On 25 October 2023, the then Chief Justice of the High Court of Delhi in consultation with his two senior-most colleagues made this recommendation.

Our sole consultee-Judge is of the view that the candidate is a domain specialist and has practised mainly in the field of arbitration; and his appearances in the High Court may not be as many as would be expected, but his appearances in matters of significance before the Arbitration Tribunals make up for that.

The inputs provided by the Department of Justice in the file indicate that nothing adverse as to the integrity of the candidate has come to notice. As far as observation of Department of Justice regarding age of the candidate is concerned, we are of the view that the candidate fulfils the threshold age criterion of 45 years as on the date of recommendation by the Collegium of the High Court.

The candidate is a domain expert in the law of arbitration. The volume of cases on arbitration law requires specialized handling, particularly, in the High Court of Delhi. Shri Tejas Dhirenbhai Karia will prove to be a value addition to the Bench of the High Court of Delhi. Besides appearing in arbitration cases before the High Courts and the Supreme Court, Shri Tejas Dhirenbhai Karia has extensive experience in conducting arbitrations, both domestic and international. While doing so, a practitioner has to have knowledge of other branches of law, civil procedure, evidence and commercial law. Upon perusing the judgments in the cases which he has argued, it is apparent that Shri Tejas Dhirenbhai Karia has conducted issues of substance before the High Courts and other Courts, including the Supreme Court. His average net professional income of Rs. 709.69 lakhs for the last five years is also indicative of the fact that the candidate has a substantial practice. Hence, Shri Tejas Dhirenbhai Karia is eminently fit and suitable for appointment as a Judge of the High Court of Delhi.

In view of the above, the Collegium resolves to recommend the candidature of Shri Tejas Dhirenbhai Karia, Advocate, for appointment as a Judge of the High Court of Delhi.

(Dhananjaya Y Chandrachud), CJI

(Sanjiv Khanna), J

(B R Gavai), J

29 August 2024"

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