AJIT SINGH CHADDHA Vs. KANAKLATA THAKUR

JUDGEMENT

(1.) Shri R. S. Chabra, learned counsel for the petitioner.

(2.) Petitioner's contention is that an agreement took place on 26-10-1990 between the petitioner and some of the respondents and by virtue of a clause under the Agreement an application was preferred before this Court under section 11(c) of the Arbitration and Conciliation Act, 1996 (for short, 'the Act, 1996') for appointment of an arbitrator. Petitioner further stated that Shri Atul Sheth was appointed as the Arbitrator vide order dated 21-12-2009 passed in A.C. No. 50/2007. Petitioner has further stated that the arbitrator passed an order dated 26-7-2010 in respect of certain objections preferred by the petitioner dated 28-6-2010 and the petitioner left with no other choice has filed this present petition before this Court under Article 227 of the Constitution of India, as it is an order passed by the Arbitration Tribunal.

(3.) Shri G. M. Chaphekar, Sr. Counsel as amicus curiae appearing in the matter has brought to the notice of this Court a judgment delivered by the Apex Court in the case of M/s S.B.P. & Co. vs. M/s Patel Engineering Ltd., 2006 AIR(SC) 450 and his contention is that in light of the judgment delivered by the Apex Court, the writ petition under Article 227 is not maintainable against the order passed by the arbitrator and the only remedy available to the petitioner is to prefer an appeal under section 37 of the Act, 1996. He has also drawn the attention of this Court towards sections 5, 34 and 37 of the Act, 1996.