SAHYADRI EARTHMOVERS Vs. L AND T FINANCE LTD

JUDGEMENT

(1.) Heard finally by consent of the parties.

(2.) The Petitioners have invoked section 9 read with section 19 of the Arbitration and Conciliation Act, 1996 (for short, the Arbitration Act), basically against the communication dated 17-8-2010, of the Arbitrator. The prayers of the Petitioners are as under :

(3.) The first and foremost thing is that section 9 or section 19 or any other section under the Arbitration Act, nowhere permit a party to challenge such order passed by the Arbitrator pending the arbitration proceedings. It is neither final award and/or interim award. Therefore, there is no question of invoking even section 34 of the Arbitration Act. The Arbitration Act permits or provides the power of Court to entertain or interfere with the order passed by the Arbitrator, only if it is prescribed and not otherwise. Section 5 of the Arbitration Act is very clear which is reproduced as under :