The appeal arises out of an application filed by the
appellants under section 11(6) of the Arbitration and
Conciliation Act, 1996, (‘Act’ for short). The Additional
District Judge No.2, Udaipur, as designate of the Chief
Justice of the High Court of Rajasthan, heard the said
application and dismissed it on 16.2.2001. The said order
was challenged by the appellants in a writ petition (SBCWP
No.3959/2001). The said writ petition was dismissed by the
High Court of Rajasthan on the ground that the remedy of
the appellant was only by way of an appeal under
Article 136 of the Constitution. The said order is
challenged in this appeal by special leave.
2. The matter is covered by the decision of this Court in
Punjab Agro Industries Corporation Ltd. vs. Kewal Singh
Dhillon – 2008 AIR SCW 5745. Following the said decision,
this appeal is allowed and the order of the High Court is
set aside. Consequently, the writ petition (SBCWP
No.3959/2001) stands restored on the file of the High Court
for disposal in accordance with law. As the matter is old,
the High Court is requested to dispose of the writ petition
expeditiously.
[R. V. Raveendran]
[Markandey Katju] New Delhi; February 25, 2009.