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TMI Blog2017 (3) TMI 1840X X X X Extracts X X X X X X X X Extracts X X X X ..... ties of State within the meaning of Article 12 of the Constitution of India. A writ can be issued against the person who has some statutory or public duty to perform. Unlike an Arbitrator acting under Section 10A of the Industrial Disputes Act, who though may be a private individual discharges public function, the Arbitral Tribunal, which has passed the impugned order is not connected with a statutory authority or discharge any official duty under a Statute - It is a dispute between two individual entities and the order passed is interlocutory in nature. Although the petitioner herein has stated that he was vigilant in conducting the proceedings before the Arbitral Tribunal, had taken a calculated risk of not filing the documents at the relevant point of time, because of its voluminous nature. Section 5 of the Arbitration and Conciliation Act, 1996 brings so clearly the object of the Act, viz., encouraging the resolution of the disputes expeditiously and less expensively when there is an arbitration agreement indicating that the intervention of the Courts should be minimal. When the intervention of the judicial authorities is restricted under Section 5, the revision cannot be e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as also filed in the said application. Thereafter, the application was taken up for hearing and orders were passed dismissing the application and the additional documents sought to be filed by the petitioner herein were refused to be taken up on file. 4. Challenging the said order of dismissal, the above revision is filed. 5. At the outset, this Court is not inclined to entertain the revision as the same is filed as against the order passed by the Arbitral Tribunal in an interlocutory application. 6. Inasmuch as the revision is filed under Article 227 of the Constitution of India, the powers of the High Court, the nature and scope and power of Article 227, which is supervisory in nature can be usefully seen. 7. The powers conferred under Article 227 is to ensure that all Subordinate Courts as well as statutory or Quasi Judicial Tribunal exercise the powers vested in them within the powers of their authority. It is the duty of the High Court to ensure that they all act in accordance with establishments of law. Normally the invocation of Article 227 of the Constitution is done when there is no revision or appeal is provided to the High Court. Therefore, the jurisdiction u ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lining to exercise the jurisdiction which is vested in them. (g) Apart from the situations pointed in (e) and (f), High Court can interfere in exercise of its power of superintendence when there has been a patent perversity in the orders of tribunals and Courts subordinate to it or where there has been a gross and manifest failure of justice or the basic principles of natural justice have been flouted. (h) In exercise of its power of superintendence High Court cannot interfere to correct mere errors of law or fact or just because another view than the one taken by the tribunals or Courts subordinate to it, is a possible view. In other words the jurisdiction has to be very sparingly exercised. (i) The High Court's power of superintendence under Article 227 cannot be curtailed by any statute. It has been declared a part of the basic structure of the Constitution by the Constitution Bench of this Court in the case of L. Chandra Kumar vs. Union of India reported in (1997) 3 SCC 261 and therefore abridgement by a Constitutional amendment is also very doubtful. (j) It may be true that a statutory amendment of a rather cognate provision, like Section 115 of the Civil Proce ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... it can be issued against the person who has some statutory or public duty to perform. Unlike an Arbitrator acting under Section 10A of the Industrial Disputes Act, who though may be a private individual discharges public function, the Arbitral Tribunal, which has passed the impugned order is not connected with a statutory authority or discharge any official duty under a Statute. 10. In the instant case, none of the above features are present. It is a dispute between two individual entities and the order passed is interlocutory in nature. Although the petitioner herein has stated that he was vigilant in conducting the proceedings before the Arbitral Tribunal, had taken a calculated risk of not filing the documents at the relevant point of time, because of its voluminous nature. After the arguments commenced the documents were sought to be filed and that was rightly rejected by the Tribunal. The rejection of the application is interlocutory in nature and in an arbitration proceedings, the maintainability of revision against the said proceeding is discussed elaborately in the judgment of the Hon'ble Supreme Court reported in 2005(8) SCC 618 [S.B.P. Co vs Patel Engineering Ltd ..... X X X X Extracts X X X X X X X X Extracts X X X X
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