NARMADA CLEAN-TECH Vs. INDIAN COUNCIL OF ARBITRATION

JUDGEMENT

(1.) This appeal under Clause 15 of the Letters Patent Act has been preferred by the original writ petitioners - Narmada Clean-Tech, a company registered under the provisions of the Companies Act, 1956, assailing the correctness of the judgment and order dated 18.05.2020 passed by the learned Single Judge in Special Civil Application No.18097 of 2017 - Narmada Clean-Tech vs. Indian Council of Arbitration and two others, whereby the learned Single Judge dismissed the writ petition holding it to be not maintainable only on the ground that the order passed during the course of arbitration proceedings cannot be challenged under Articles 226 and/or 227 of the Constitution of India.

(2.) Earlier vide judgment and order dated 30.07.2020, the Division Bench had held that the writ petition would be maintainable against the order impugned passed by the Arbitral Tribunal. At that stage, we could have remitted the matter to the learned Single Judge for its decision on merits, but instead it was provided that the matter may be argued on merits and the Division Bench itself will examine the same. Learned counsel for the parties had not raised any objection to the Division Bench hearing the matter on merits.

(3.) Accordingly, we heard Shri Kamal Trivedi, learned Senior Advocate assisted by Shri Abhishek Mehta, learned counsel for the appellants and Shri Chirag K. Sukhwani, learned counsel for the respondent No.3, the claimant before the Tribunal, the contesting party and have perused the material on record.