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

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.