THE HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY WRIT PETITION No.896 of 2014 Dated: 20.01.2014 Between:
Korukonda Divya Apparao Rama Krishna .. Petitioner and The District Collector, West Godavari District, At Eluru and others.
.. Respondents Counsel for the Petitioner: Ms. M. Vasantha Counsel for Respondent No.1: AGP for Revenue The Court made the following:
ORDER:
This writ petition is filed for a Mandamus to set aside the arbitral award dated 02.03.2013 passed by respondent No.3.
A perusal of the record shows that a dispute between the petitioner on one side and respondent No.2 on the other in respect of a money transaction was referred to respondent No.3 under the provisions of the Arbitration and Conciliation Act, 1996 (for short ‘the Act’) and respondent No.3 has passed the impugned award, whereunder the petitioner and another person by name K. Sivasankaram s/o. Venkata Rao were directed to pay a sum of Rs.84,29,300/- along with future interest at 10% per annum from the date of reference of the claim petition till the date of award and at 18% per annum from the date of award till the date of realization. Feeling aggrieved by the said award, the petitioner filed this writ petition.
Under Section 34(1) of the Act, a person aggrieved by an arbitral award is entitled to approach the competent court by filing an application for setting aside the award in accordance with the provisions of sub-sections (2) and (3) thereof.
In view of the availability of this efficacious statutory remedy, the petitioner cannot invoke the extraordinary jurisdiction of this Court, which is meant for adjudication of the disputes falling in the public law field.
Therefore, in my opinion, the writ petition is wholly misconceived and the same is accordingly dismissed, with liberty to the petitioner to avail the remedy under Section 34 of the Act.
As a sequel to dismissal of the writ petition, W.P.M.P.No.980 of 2014 shall stand disposed of as infructuous.
C.V.NAGARJUNA REDDY, J 20th January, 2014 IBL