DEVKI LEASING AND FINANCE LTD Vs. NATIONAL COMMODITY

JUDGEMENT

(1.) BY filing this writ under Articles 226/227 of Constitution of India, the petitioner seeks to challenge the impugned letter dated 29.1.2007 (Annexure P -12) whereby R -1 has informed the petitioner about the appointment of sole arbitrator in Arbitration Case No. NCDEX -51/2006 between petitoner and R -2 (Company) for resolving the dispute which admittedly have arisen between them. The impugned letter reads as under :

(2.) THE short question therefore that arises for consideration is firstly, whether petitioner as filed under Article 226/227 of Constitution is maintainable? and secondly, whether petitioner can challenge the impugned communication? Notice of this writ was issued to respondent. They are served and duly represented. Return is filed. With the consent of learned counsel for the parties the petition is heard.

(3.) HAVING heard the learned counsel for the parties and having perused the record of the case, I find no merit in this writ which deserves to be dismissed.