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TMI Blog2008 (8) TMI 876X X X X Extracts X X X X X X X X Extracts X X X X ..... reference to Civil Judge, Senior Division, as designate. his Court has repeatedly stressed that Article 136 is not intended to permit direct access to this Court where other equally efficacious remedy is available and the question involved is not of any public importance; and that this Court will not ordinarily exercise its jurisdiction under Article 136, unless the appellant has exhausted all other remedies open to him. Therefore the contention that the order of the Civil Judge, Sr. Division rejecting a petition under section 11 of the Act could only be challenged, by recourse to Article 136 is untenable. Appeal allowed and set aside the order of the High Court. - C.A. 5226 OF 2008 - - - Dated:- 25-8-2008 - R.V. RAVEENDRAN AND P SAT ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ement dated 23.7.1986. A Division Bench of the High Court by its order dated 7.7.2006 disposed of the said writ petition by the following short order: The Petitioner is aggrieved by rejection of application for appointment of arbitrator under Section 11(4) of Arbitration and Conciliation Act, 1996. Learned Counsel for the Respondent raises a preliminary objection that Writ Petition is not maintainable in view of judgment of Seven Judges of the Hon'ble Supreme Court in S.B.P. Co. Vs. Patel Engineering Ltd. - 2005 (8) SCC 618 wherein it has been held that power of deciding an application for appointment of an arbitrator is judicial power and is not amenable to writ jurisdiction. After hearing learned counsel for the parties, we u ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... stice may make such scheme as he may deem appropriate for dealing with matters entrusted by sub-section (4) or sub- section (5) or sub-section (6) to him. The Chief Justice of High Court of Punjab Haryana in exercise of his power under sub-section (10) of section 11 of the Act made a scheme under which the Civil Judge, Senior Division, Chandigarh, was designated to deal with applications under sub-sections (4) to (6) of section 11 of the Act. 6. The Act does not provide for an appeal against the order of the Chief Justice or his designate made under sub section (4) or sub-sections (5) and (6) of section 11. On the other hand, sub-section (7) of section 11 makes it clear that a decision of the designate under sub-section (4), (5) or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arranted under the scheme of the Act. Where a District Judges had been designated by the Chief Justice of the High Court under section 11(6) of the Act, the orders made by them till 26.10.2005 will be treated as valid; but applications, if any, pending before them as on that date will stand transferred, to be dealt with by the Chief Justice of the High Court concerned or a Judge of that High Court designated by the Chief Justice. It is evident from the said decision that reference to section 11(6) of the Act includes reference to section 11(4) of the Act and reference to a District Judge as designate, will also include reference to Civil Judge, Senior Division, as designate. 8. We have already noticed that though the order under secti ..... X X X X Extracts X X X X X X X X Extracts X X X X
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