Friday , April 19 2024

Petition against arbitration proceedings not maintainable, tribunal refuses to interfere in order

Prayagraj, 02 April (HS). Allahabad High Court refused to intervene considering the petition filed regarding arbitration proceedings as not maintainable and said that the petitioner's objection has not been resolved before giving the award. Therefore, the Arbitration Tribunal should dispose of the objection positively.

This order has been given by the division bench of Justice SD Singh and Justice Surendra Singh while disposing of the petition filed on behalf of Canon Dunkerley & Company Limited.

The Additional Chief Standing Advocate of the state government, citing the decision of the seven judge bench of the Supreme Court in the Deep Construction and Bhaven Construction cases, said that the petition under Articles 226 and 227 against the arbitration proceedings is not maintainable. Under Section 34 of the Arbitration Act, an objection can be made before the District Judge against the award. Therefore the High Court should not interfere. The award has not been issued yet. Considering the facts and judicial decisions, the court refused to interfere but directed the arbitration tribunal to decide the petitioner's objection.

In the petition, the order of 25 July 23 of the Arbitration Tribunal Micro and Small Enterprises Facilitation Council, Meerut was challenged. Under which objections were decided, but decision was not given on some.

The government lawyer said that the Arbitration Act is an independent law and has its own procedure prescribed. Therefore the normal procedure will not apply to this. If the objection is rejected the award can be challenged. A petition cannot be filed.