INDIA WASTE ENERGY DEVELOPMENT LTD. Vs. GREATER NOIDA INDUSTRIAL DEVELOPMENT AUTHORITY
LAWS(ALL)-2013-1-293
HIGH COURT OF ALLAHABAD
Decided on January 25,2013

India Waste Energy Development Ltd. Appellant
VERSUS
GREATER NOIDA INDUSTRIAL DEVELOPMENT AUTHORITY Respondents

JUDGEMENT

Pankaj Mithal, J. - (1.) SUPPLEMENTARY affidavit filed, is taken on record. Heard Sri Anoop Trivedi, learned Counsel for the petitioner. Sri Nisheeth Yadav, learned Counsel appearing for respondents No. 1 and 2.
(2.) PETITIONER in this petition under Article 227 of the Constitution of India read with section 34/42 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act) is challenging the award of the arbitral Tribunal dated 8th September, 2012. Petitioner has described the petition as a writ petition.
(3.) THE award of an arbitral Tribunal cannot directly be challenged by means of a writ petition under Article 226 of the Constitution of India in view of statutory remedy available to move an application for setting aside the award under section 34 of the Act before the competent Court. Therefore, a writ petition under Article 226 of the Constitution of India is not the proper remedy and is not maintainable.;


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