NARMADA CLEAN-TECH Vs. INDIAN COUNCIL OF ARBITRATION

JUDGEMENT

(1.) Heard learned Senior Advocate Mr. Kamal Trivedi assisted by learned advocate Mr. Abhishek Mehta for the petitioner.

(2.) The challenge in the present Letters Patent Appeal is directed against judgment dtd. 18/5/2020 passed by learned Single Judge in Special Civil Application No. 18097 of 2017 and connected petitions. In the main petitions, the orders under challenge were the one passed upon application of the petitioner filed under Sec. 16 of the Arbitration and Conciliation Act , 1996, whereby the petitioner raised contention that the Arbitral Tribunal has no jurisdiction having divested of it in view of expiry of two years. Learned single Judge took the view that the said order could not have been challenged in exercise of jurisdiction under Article 226 and 227 of the Constitution.

(3.) Learned Senior Advocate submitted that the petition under Article 226 and 227 of the Constitution are the constitutional remedies. He then relied on the observations in the decision of the Supreme Court in M/s. Deep Industries Limited vs. Oil and Natural Gas Corporation Limited in Civil Appeal No. 9106 of 2019 decided on 28/11/2019, in which it is observed as under,