UNION OF INDIA Vs. BHULLAR CONSTRUCTION CO.,

JUDGEMENT

(1.) Heard learned counsel for the parties and perused the record.

(2.) This petition has been filed challenging the order dtd. 25/3/2010 passed by the District Judge Agra in Misc. Case No. 454 of 2002 (Union of India v. M/S Bhular Construction Company) by which objections filed by the petitioner under Sec. 34 of the Arbitration and Conciliation Act, 1996 for setting aside the award dtd. 27/5/2002 given by sole arbitrator has been rejected. Initially, this petition was filed under Article 226 of the Constitution of India being Writ -C No. 37880 of 2010. This court by order dtd. 3/7/2010 issued notices thereafter, it appears that the case was listed on 22/10/2021 wherein the counsel for respondent No. 1 raised an objection with regard to maintainability of the petition under Article 226 of the Constitution of India. Later on, an amend-ment application was filed by counsel for the petitioner for converting this petition to a petition under Article 227 of Constitution of India. The said application was allowed by this Court by the order dtd. 21/7/2022 and the petition has been converted in a petition under Article 227 of the Constitution of India. When the matter was taken up, an objection was raised by learned counsel for the respondents that against an order passed under Sec. 34 of the Arbitration and Conciliation Act, rejecting or allowing the objections filed against the arbi-tral award, an appeal lies under Sec. 37 of the Arbitration and Conciliation Act, and therefore, this petition cannot be entertained even under Article 227 of the Constitution of India.

(3.) Learned counsel for the petitioner relied upon a case being Matter Under Article 227 No. 4762 of 2024 (U.P. Awas Vikas Parishad through Housing Commissioner, Lucknow and others v. M/s. Universal Contractors and Engineers Ltd.) decided on 3/10/2024 wherein, this Court has taken a view that a petition filed under Article 227 of the Constitution of India challenging the order passed by the Arbitral Tribunal cannot be entertained.