Sanjay Gupta vs Kerala State Industrial Development Corporation Ltd.

Thottathil B. Radhakrishnan, J.—This petition is filed for seeking review of an order issued by the nominee of the Honourable the Chief Justice of this Court, in exercise of the power u/s 11 of the Arbitration and Conciliation Act, 1996, hereinafter referred to as the ''Act''. The said statute is a comprehensive one and is not one which Confers power on the High Court to pass any order u/s 11. The power is with the Chief Justice of the High Court to take such measure as may be necessary when the request for such measure is made in relation to an arbitration agreement, which does not relate to an international arbitration. The Chief Justice is empowered under the Act to have a nominee which may be even an institution de hors the High Court. Therefore, it is crystal clear that the request u/s 11 does not lie to the High Court. Even when a Judge of the High Court acts as the nominee of the Chief Justice, he acts merely as a statutory authority as designated by the Chief Justice in terms of Section 11 of the Act. Therefore, unless a power of review is expressly conferred under the Act itself, the general power of review as may be available to the High Court under other jurisdictions; civil, criminal or writ; cannot be extended to review the earlier order issued by Chief Justice or his nominee. For this reason, this Review Petition is not maintainable and the same is accordingly dismissed.