Court No. - 40
Case :- MATTERS UNDER ARTICLE 227 No. - 5643 of 2019 Petitioner :- Mahendra Goel Respondent :- Vipin Kumar Goel And Another Counsel for Petitioner :- Raj Kumar Kesari Counsel for Respondent :- Ashish Kumar Singh
Hon'ble Manoj Kumar Gupta,J.
By impugned order dated 30.5.2019, the court below has allowed the application filed under Section 9 of the Arbitration and Conciliation Act, 1996 in part.
A preliminary objection has been raised by learned counsel for the respondents about maintainability of the instant petition under Article 227 of the Constitution. According to him, an appeal lies against order granting or refusing to grant any measure under Section 9 of the Act before the court authorised by law to hear appeal from original decree of the court passing the order as per Section 37 of the Act.
The preliminary objection raised by counsel for the respondent has got considerable force. Since an appeal is provided under the Act, therefore, this Court is not inclined to examine the validity of the impugned order in exercise of its supervisory power under Article 227 of the Constitution.
The petition is accordingly dismissed with liberty to the petitioner to avail the remedy provided under the Act.
Certified copy of impugned order shall be returned after retaining a photostat copy on record.
(Manoj Kumar Gupta, J.) Order Date :- 26.7.2019 skv