PUNJAB AGRO INDUSTRIES CORPN. LTD. versus KEWAL SINGH DHILLON

PUNJAB AGRO INDUSTRIES CORPN. LTD. versus KEWAL SINGH DHILLON

Where no statutory appeal is provided under the Arbitration and Conciliation Act, 1996 against the order of a designate (subordinate court) under Section 11, and the order is made final, remedy by way of writ petition under Article 227 of the Constitution is maintainable and the denial by the High Court based on SBP...

Source-derived case information.

Parties
Appellant: Punjab Agro Industries Corpn. Ltd.; Respondent: Kewal Singh Dhillon
Jurisdiction
India
Judgment Date
25 August 2008
Procedural Posture
Civil Appeal / Decision on Appeal Against High Court Judgment Rejecting Writ Petition Under Article 227
Outcome
Appeal allowed
Legal Topics
Arbitration and Conciliation Act, 1996 – Section 11, Maintainability of Writ Petition Under Article 227, Scope of Article 136 – Appeal
Arbitration Constitutional Law Arbitration and Conciliation Act, 1996 – Section 11 Maintainability of Writ Petition Under Article 227 Scope of Article 136 – Appeal

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Summary, issues, holding and outcome

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Parties

Punjab Agro Industries Corpn. Ltd.

Appellant

Kewal Singh Dhillon

Respondent

Procedural Posture

Civil Appeal / Decision on Appeal Against High Court Judgment Rejecting Writ Petition Under Article 227

Legal Issues

  1. 1 Whether the order of the Principal Civil Judge, designate of High Court, rejecting a petition under section 11 of Arbitration and Conciliation Act is amenable to writ jurisdiction under Article 227 of the Constitution
  2. 2 Whether recourse against such an order is only by appeal under Article 136 of the Constitution

Ratio Decidendi

Where no statutory appeal is provided under the Arbitration and Conciliation Act, 1996 against the order of a designate (subordinate court) under Section 11, and the order is made final, remedy by way of writ petition under Article 227 of the Constitution is maintainable and the denial by the High Court based on SBP & Co. v. Patel Engineering Ltd. was incorrect.

Court Disposition

Appeal allowed

Orders

  • Order of the High Court is set aside
  • Civil Writ Petition No.9889 of 2002 is restored to the file