TRANSMISSION CORPORATION OF A.P. LTD. AND ORS. Vs. HARYANA MICRO AND SMALL ENTERPRISES FACILITATION COUNCIL AND ORS.

JUDGEMENT

(1.) This order shall govern disposal of all the aforesaid cases arising out of the order dtd. 11/7/2018 passed by the Haryana Micro and Small Enterprises Facilitation Council, Haryana.

(2.) Challenging the order dtd. 11/7/2018, passed by the Haryana Micro and Small Enterprises Facilitation Council, Haryana, by its meeting as an interim measure as a Garnishee Award, the petitioners have come before this Court.

(3.) For the sake of convenience, the pleadings are referred from W.P.No.34399 of 2018. Learned Counsel representing the respondents has raised the question of entertainability of the writ petition, being lack of jurisdiction to entertain the cases arising out of the order passed in the State of Haryana in the Courts of State of Andhra Pradesh. It is submitted, that the original award was passed on 21/6/2010 by the 1st respondent-Council, against which an appeal was preferred before the Court in the State of Haryana and those proceedings were culminated even upto the Supreme Court. The review preferred before Hon'ble The Supreme Court was also dismissed. Now, for execution of the original award, an application was filed before the Council in Haryana, wherein the impugned order has been passed. Learned Counsel for the respondents has referred Sec. 42 of the Arbitration and Conciliation Act, 1996 (hereinafter be referred to as 'Act') to contend that under Sec. 42 of the Act, the Court, who invoked the jurisdiction for arbitral proceedings, shall have jurisdiction to entertain all the subsequent applications and arbitral proceedings but not in any other Court, therefore, if the petitioners are having any grievance against the impugned order passed on 11/7/2018, the appeal may be filed as per Sec. 37(2) of the Act, in appropriate forum, and the writ jurisdiction, that too before this Court is not available.