Sh. Mahender Singh vs L&T; Finance Limited
2014 Latest Caselaw 4972 Del

*            IN THE HIGH COURT OF DELHI AT NEW DELHI

+           CM(M) No.905/2014 & C.M.Nos.16563/2014(Exemption),
            16564/2014 (Stay)

%                                                   30th September, 2014

SH. MAHENDER SINGH                                              ......Petitioner
                 Through:                None

                          VERSUS

L&T FINANCE LIMITED                                          ...... Respondent

Through:

CORAM:

HON'BLE MR. JUSTICE VALMIKI J.MEHTA

To be referred to the Reporter or not?

VALMIKI J. MEHTA, J (ORAL)

1. On the first call, passover was prayed which was granted. At the time

of granting passover, it was made clear that no further passover or

adjournment will be granted. Even on the second call when the case is

called out, no one appears for the petitioner. I have therefore gone through

the record and I am proceeding to dispose of the petition.

2. I am indeed amazed at this petition which is filed under Articles 226

and 227 of the Constitution of India, because, this petition challenges an

arbitration Award which is passed on 14.8.2014 by an arbitrator in favour of

the respondent/L&T Finance Ltd. Surely if an Award is passed, and the

petitioner has objections to the same, that arbitration Award cannot be

challenged by filing of a petition under Article 227 of the Constitution of

India but the remedy to be invoked is filing of a petition under Section 34 of

the Arbitration and Conciliation Act, 1996.

3. If for any reasons, the petitioner does not have to file objections and

he has a legal right to file a suit, then obviously that is the mode which has

to be adopted for claiming relief, but, there cannot be filed a petition under

Article 227 of the Constitution of India challenging an Award.

4. Dismissed.

VALMIKI J. MEHTA, J SEPTEMBER 30, 2014 KA