MAHENDER SINGH Vs. L&T FINANCE LIMITED

JUDGEMENT

(1.) On the first call, passover was prayed which was granted. At the time of granting passover, it was made clear that no further passover or adjournment will be granted. Even on the second call when the case is called out, no one appears for the petitioner. I have therefore gone through the record and I am proceeding to dispose of the petition.

(2.) I am indeed amazed at this petition which is filed under Articles 226 and 227 of the Constitution of India, because, this petition challenges an arbitration Award which is passed on 14.8.2014 by an arbitrator in favour of the respondent/L&T Finance Ltd. Surely if an Award is passed, and the petitioner has objections to the same, that arbitration Award cannot be challenged by filing of a petition under Article 227 of the Constitution of India but the remedy to be invoked is filing of a petition under Section 34 of the Arbitration and Conciliation Act, 1996.

(3.) If for any reasons, the petitioner does not have to file objections and he has a legal right to file a suit, then obviously that is the mode which has to be adopted for claiming relief, but, there cannot be filed a petition under Article 227 of the Constitution of India challenging an Award.