PRAKASH INDUSTRIES LIMITED Vs. SPACE CAPITAL SERVICES LTD

JUDGEMENT

(1.) BY this petition under Article 227 of the Constitution of India, the petitioner has challenged the validity and constitutionality of two orders dated 13. 7. 2007 and 13. 9. 2007 passed by the learned Arbitral Tribunal in arbitration proceedings between the parties. The respondent has taken the exception that such a petition was not maintainable. The arguments on maintainability of the petition have been heard.

(2.) THE contention of the petitioner is that the Arbitral Tribunal like any other Tribunal was adjudicating the rights of the parties and was subject to superintendence of High Court under Article 227 of the Constitution of India. The petitioner has relied upon L. Chandra Kumar v. Union of India (1997) 3 SCC 261 para 99, which reads as under:

(3.) A perusal of judgment of the Hon"ble Supreme Court in L. Chandra kumar v Union of India (supra) would show that the reliance placed by the petitioner on this judgment to contend that the High Court should invoke jurisdiction under Article 227 of the Constitution was totally misconceived. The aforesaid case deals with the legislative competence and constitutional validity of the Parliament"s power to create Tribunals under Article 323-A and 323-B. The judgment is not applicable in the present case as it does not deal with the issue. This judgment neither expressly nor by implication suggests that an Arbitral Tribunal is a Tribunal over which this Court can exercise superintendence under Article 227 of the Constitution of India. On the other hand in SBP and Co. v. Patel Engineering Ltd. and Anr. (2005) 8 SCC 618, the hon"ble Supreme Court observed as under: