This order disposes of a writ petition challenging an arbitration clause and venue under the Arbitration and Conciliation Act, 1996. The Court relied on a Supreme Court judgment, stating the Act is a self-contained code excluding writ jurisdiction and that remedies are available within the Act itself.
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IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.18548 of 2021 (Through hybrid mode)
Ashok Kumar Tripathy …. Petitioner
Ms. P.P.Mohanty, Advocate
-versus-
The sole Arbitrator and others
…. Opposite Parties
Mr. R.C.Panigrahi, Advocate (O.P. nos.2 and 3)
CORAM: JUSTICE ARINDAM SINHA
ORDER 29.11.2021
Order No.
05.
Page 1 of 1
// 2 //
Act, 1996 is a code in itself. As such judicial interference by writ petition is not possible. Furthermore, petitioner agreed for venue of arbitration to be in New Delhi and after that no question of where cause of action arose or anything else are relevant. He submits further, sections 12 to 16 in the Act provide for any remedy that might be availed by petitioner. He explains, the first annexure 5 is appointment of sole arbitrator in terms of the agreement and annexure 6 is the appointee’s disclosure under the schedule.
(Arindam Sinha) Judge
RKS
Page 2 of 2
1 issue framed by the court
Whether the High Court can exercise writ jurisdiction to interfere with the arbitration clause agreement and venue specified in the loan agreement.
Colour shows how this judgement treated each authority
Bhaven Construction v. Executive Engineer Sardar Sarovar Narmada Nigam Ltd.Relied on¶14
Bhaven Construction v. Executive Engineer Sardar Sarovar Narmada Nigam Ltd., available at 2021 SCC OnLine SC 8 · Who else cites this
Ashok Kumar Tripathy
The sole Arbitrator and others
Arindam Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
