Y. Babu Rao vs Union of India (UOI) and Others

D.S.R. Varma, J.—This writ petition is filed challenging the order, dated 23-3-2001, passed by the Chief Justice of this Court in Arbitration Appeal No, 41 of 2000 refusing the appointment of an Arbitrator.

In normal course, against the impugned order, a writ petition would lie to the High Court under Article-226 of the Constitution of India as per the judgment of the Apex Court in M/s. Konkan Railway Corpn. Ltd. and Another Vs. M/s. Rani Construction Pvt. Ltd., But the said judgment had been overruled by a Larger Bench of the Apex Court in Vemulapalli Rama Krishna Prasad Vs. Vemulapalli Venkata Narayana Das and Others, , wherein it was held that the order of the Chief Justice either appointing an Arbitrator or rejecting the application filed u/s 11 of the Arbitration and Conciliation Act, 1996, has to be challenged only before the Apex Court the same being a judicial order. The Apex Court also made it explicitly clear that the above judgment would come into effect from 26-10-2005.

In view of the judgment of the Apex Court in M/s. S.B.P. and Co. (supra), the present writ petition is liable to be dismissed and is accordingly dismissed, with liberty to the writ petitioner to take recourse as held by the Apex Court in S.B.P and Company''s case (supra). No order as to costs.