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Generate professional replies, appeals, opinions to Show Cause Notices, assessment orders, audit objections, and other legal communications using TaxTMI's AI Drafter.
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AI Drafter - (New and Powerful) ✕ Generate professional replies, appeals, opinions to Show Cause Notices, assessment orders, audit objections, and other legal communications using TaxTMI's AI Drafter.
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Issues: Whether a writ petition under Article 227 of the Constitution of India was maintainable against the order of a Civil Judge, Senior Division acting as the designate of the Chief Justice under Section 11(4) of the Arbitration and Conciliation Act, 1996.
Analysis: Section 11(7) of the Arbitration and Conciliation Act, 1996 declares the decision under Section 11(4) final, and the Act does not provide an appeal against an order made by the designate. The view in SBP that an order under Section 11 is a judicial order appealable only under Article 136 was understood to apply to the Chief Justice or a Judge of the High Court acting as designate, and not to a subordinate court functioning as designate. In that situation, where no statutory appeal lay and the order was final, the High Court's supervisory jurisdiction under Article 227 remained available.
Conclusion: The writ petition was maintainable, and the High Court erred in dismissing it on the ground of non-maintainability.
Ratio Decidendi: Where an order under Section 11(4) of the Arbitration and Conciliation Act, 1996 is passed by a subordinate court acting as designate of the Chief Justice, and the statute provides no appeal while making the decision final, supervisory review under Article 227 of the Constitution of India is maintainable.
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