In a matter under Article 227, the High Court dismissed the petition challenging an arbitral award and the District Judge's rejection of objections under Section 34. The Court held an appeal under Section 37 was available and did not entertain the writ challenge.
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Court No. - 40
Case :- MATTERS UNDER ARTICLE 227 No. - 4813 of 2019
Petitioner :- Union Of India And Another Respondent :- M/S Nilay Steels 1406 Nai Basti And Another Counsel for Petitioner :- Sharad Ranjan Nigam Counsel for Respondent :- Sanjay Agrawal
Hon'ble Manoj Kumar Gupta,J.
The petitioners have challenged the arbitral award dated 24.5.2016 passed by the sole Arbitrator in a dispute between the petitioners and the respondents as well as the order of the District Judge, Jhansi dated 5.11.2018 rejecting objections under Section 34 of the Arbitration and Conciliation Act, 1996.
A preliminary objection has been raised by learned counsel for the respondents to the maintainability of the instant petition. It is urged that an order refusing to set aside an arbitral award under Section 34 is appealable under Section 37 of the Act.
Counsel for the petitioners is not in a position to dispute the same.
Consequently, this Court is not inclined to entertain the challenge in exercise of supervisory power under Article 227 of the Constitution. The petition is accordingly dismissed with liberty to avail the remedy provided under the Act.
(Manoj Kumar Gupta, J)
Order Date :- 23.7.2019 SL
1 issue framed by the court
Whether a challenge to an order refusing to set aside an arbitral award under Section 34 is maintainable under Article 227 of the Constitution.
Union Of India
M/S Nilay Steels 1406 Nai Basti
Manoj Kumar Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
