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TMI Blog2019 (7) TMI 1822X X X X Extracts X X X X X X X X Extracts X X X X ..... 6 (6) of the Arbitration Act. Since such an application was not tenable, we fail to understand how in a writ petition filed against an order made by the District Judge in an untenable application, the High Court could have set aside the partial award. This is clearly contrary to law. This court in the case of SBP Co. vs. Patel Engineering Ltd. Anr [ 2005 (10) TMI 495 - SUPREME COURT ], where it wa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... one ground alone. The High Court entertained a writ petition under Article 227 of the Constitution of India against an order of the learned District Judge, Gautam Budh Nagar purportedly passed under Section 20 of the Arbitration and Conciliation Act, 1996(for short, "the Arbitration Act") read with Section 19 of the Micro, Small & Medium Enterprises Development Act, 2006 (for short, &qu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... would be capable of being challenged under Article 226 or 227 of the Constitution of India. We see no warrant for such an approach. Section 37 makes certain orders of the arbitral tribunal appealable. Under Section 34, the aggrieved party has an avenue for ventilating his grievances against the award including any in-between orders that might have been passed by the arbitral tribunal acting under ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of India. Such an intervention by the High Courts is not permissible." 2. In these circumstances, we are of the view that the judgment of the High Court is liable to be set aside. Ordered accordingly. 3. Shri S.B. Upadhyay, learned senior counsel appearing on behalf of respondent No. 1-Jayprakash Associates Ltd. consents to this order and seeks liberty to challenge the award as and when it ..... X X X X Extracts X X X X X X X X Extracts X X X X
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