Constructive Res Judicata

In Tata Industries Ltd. v. Grasim Industries Ltd. (2008) 10 SCC 187. The  case deals with jurisdiction to appoint the arbitrator u/s 11(6) of Arbitration and Conciliation Act, 1996.  Supreme Court rejected the argument raised before the High Court and held – Question of locus standi not having been raised before the High Court did not survive – it
amounted to an abandonment of the issue and cannot be raised before the Supreme
Court.