PUNJAB STATE POWER CORPORATION LIMITED Vs. EMTA COAL LIMITED
LAWS(SC)-2020-9-64
SUPREME COURT OF INDIA
Decided on September 18,2020

Punjab State Power Corporation Limited Appellant
VERSUS
Emta Coal Limited Respondents


Cited Judgements :-

M.P.RAVISHANKAR VS. T.SHIVAPRAKASH [LAWS(KAR)-2022-7-526] [REFERRED TO]


JUDGEMENT

- (1.)The impugned judgment dtd. 10/12/2019 is grounded on the fact that the impugned order passed by the Arbitral Tribunal on 8/1/2017 was challenged only 2 1/2 years late and the petitioner filed the writ petition at the last minute after the arguments had concluded before the Arbitral Tribunal.
(2.)Based on this ground, the writ petition has been dismissed, filed under Article 227 directly against a sec. 16 application without following the drill of sec. 16 of the Arbitration Act.
(3.)Shri K. V. Vishwanathan, learned senior counsel appearing for the petitioner, has argued before us, based on our judgment in Deep Industries Ltd. v. Oil and Natural Gas Corporation Ltd. and Anr. (2019) SCC Online SC 1602, and paragraph 16 in particular, which is set out hereinbelow:
"16. This being the case, there is no doubt whatsoever that if petitions were to be filed under Articles 226/227 of the Constitution against orders passed in appeals under Sec. 37, the entire arbitral process would be derailed and would not come to fruition for many years.

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