A Division Bench of Justices MR Shah and BV Nagarathna said that the remedy by way of appeal under the Arbitration Act has to be used before challenging the same under Articles 226 and 227.
“When the statute provides a further remedy by way of appeal against the award and even against the order passed by the trial court making the award a decree of the court, the High Court ought not to have entertained the writ petition and ought not to have set aside the award, in a writ petition under Articles 226 and 227 of the Constitution of India,” the Court said.
The top court was hearing an appeal challenging a decision of the Bombay High Court that had set aside an arbitral award and remanded the matter to the arbitrator for fresh consideration.
By the said arbitral award, the respondent had been directed to pay ₹12,46,663 to the appellant.
Source: Barandbench
