Govt. of NCT of Delhi v. Shakuntala Gupta (D) Th. Lr
2007-04-18
A.K.MATHUR, TARUN CHATTERJEE
body2007
DigiLaw.ai
ORDER : 1. UPON hearing counsel the Court made the following : 2. This special leave petition has been filed against the order passed by the learned Single Judge under Section 34 of the Arbitration and Conciliation Act, 1996 (in short "The Act") confirming the award given by the sole Arbitrator. Against this a regular appeal under Section 37 of the Act is maintainable. We fail to understand why the Petitioner has approached this Court directly against the order passed by the learned Single Judge under Section 34 of the Act when the statutory remedy is available before the Division Bench. Learned Additional Solicitor General does not dispute that the appeal is maintainable under Section 37 of the Act before the Division Bench. Therefore, when the statutory appeal is available, there is no point in entertaining this petition under Article 136 of the Constitution. Let the Petitioner may prefer an appeal before the High Court under Section 37 of the Act. Delay is condoned and Petitioner is given one month's time from today to file regular appeal under Section 37 of the Act. 3. The special leave petition stands disposed of accordingly.