- (1.) This revisional application is directed against an order No. 2 dated 25.11.2011 passed by the learned District Judge, Alipore in Title Suit No. 1536 of 2011. The present revisional application is at the instance of the defendant/opposite party assailing and/or challenging the ex-parte adinterim order of injunction passed under Section 9 of the Arbitration and Conciliation Act, 1996.
(2.) The point which emerges for consideration is whether the revisional application under Article 227 of the Constitution is maintainable when there is an alternative efficacious remedy by way of a statutory appeal under Section 37 of the said Act.
(3.) Before dealing with the aforesaid point, short facts are necessary to be narrated. The plaintiff/opposite party filed an application under Section 9 of the Arbitration and Conciliation Act praying for an order of injunction restraining the petitioner from invoking or encashing the Bank Guarantees. The Trial Court passed an ex-parte ad-interim order of injunction on the above terms for a limited period i.e. till 21.12.2011. According to the petitioner the unconditional Bank Guarantee is valid till 20.12.2011 and the trial court passed an interim order which is operative till 21.12.2011 and as such the petitioner is precluded from invoking the Bank Guarantee which is not permissible under the law. Although the said point has been taken but this court invited the submission from the respective Counsels relating to the exercise of the powers under Article 227 of the Constitution of India when the statute provides for an appeal against such an order.;