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Judgment
P. Sathasivam, J.—Aggrieved by the order of the Hon''ble Chief Justice dated 17.02.2006 made in O.P. No. 506 of 2005, appointing an
Arbitrator, the appellant has filed the above appeal.
Heard Mr. R. Muthukumarasamy, learned senior counsel for the appellant.
In view of the recent decision of the Hon''ble Supreme Court in the case of S.B.P. and Co. Vs. Patel Engineering Ltd. and Another, , we are of
the view that the present appeal before this Court is not maintainable. In this regard it is useful to refer para 46 (vii) in the order of the above cited
reference.
(vii) Since an order passed by the Chief Justice of the High court or by the designated Judge of that Court is a judicial order, an appeal will lie
against that order only under Article 136 of the Constitution of India to the Supreme court.
In view of the law declared by the Supreme Court, the only remedy available to the aggrieved person is that against the order of the Hon''ble Chief
Justice or by the designated Judge, he has to move the Supreme Court under Article 136 of the constitution of India. On this ground this appeal is
dismissed as not maintainable. No costs. Consequently, connected MP., is also dismissed.