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Judgment
Markandey Katju, C.J.—This writ appeal has been filed against the impugned order of the learned single Judge dated 7.2.2004.
The writ petition was filed praying for a writ of Certiorari against the order of the Arbitrator dated 27.10.2003. By that order, the preliminary objection of the writ petitioner that the proceedings are barred by Section 22 of the Sick Industrial Companies (Special Provisions) Act, 1985 (hereinafter referred to as the `Act'') was rejected. The writ petitioner also raised an objection before the Arbitrator that there was no valid agreement for arbitration.
In our view, the writ petition was rightly rejected by the learned single Judge. The learned single Judge has followed the earlier order of this Court in M/s. Mangayarkarasi Apparels Pvt. Ltd. v. Sundaram Finance Limited 2002 (2) CTC 585. We agree with the view taken by the learned single Judge.
Apart from the above, we are of the opinion that Section 22 of the Act has no application as the proceedings before an Arbitrator are not a suit nor are they proceedings for winding up of the industrial company or for execution, distress or the like. Hence Section 22(1) of the Act has no application at all.
There is no force in this appeal and it is dismissed. W.A.M.P. No. 2387 of 2004 is dismissed.