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2017 (3) TMI 1840 - MADRAS HIGH COURTMaintainability of revision filed under Article 227 of the Constitution of India - Arbitral Tribunal was constituted for adjudication of the disputes - Tribunal did not entertain the application and proceeded to hear the arguments - HELD THAT:- The powers conferred under Article 227 is to ensure that all Subordinate Courts as well as statutory or Quasi Judicial Tribunal exercise the powers vested in them within the powers of their authority. It is the duty of the High Court to ensure that they all act in accordance with establishments of law. Normally the invocation of Article 227 of the Constitution is done when there is no revision or appeal is provided to the High Court. Therefore, the jurisdiction under Article 227 appears to be wider than the power given under Article 226 of the Constitution of India. The dispute now raised is not for a remedy in public law. It is between private individuals who cannot be equated with State or instrumentalities of State within the meaning of Article 12 of the Constitution of India. A writ can be issued against the person who has some statutory or public duty to perform. Unlike an Arbitrator acting under Section 10A of the Industrial Disputes Act, who though may be a private individual discharges public function, the Arbitral Tribunal, which has passed the impugned order is not connected with a statutory authority or discharge any official duty under a Statute - It is a dispute between two individual entities and the order passed is interlocutory in nature. Although the petitioner herein has stated that he was vigilant in conducting the proceedings before the Arbitral Tribunal, had taken a calculated risk of not filing the documents at the relevant point of time, because of its voluminous nature. Section 5 of the Arbitration and Conciliation Act, 1996 brings so clearly the object of the Act, viz., encouraging the resolution of the disputes expeditiously and less expensively when there is an arbitration agreement indicating that the intervention of the Courts should be minimal. When the intervention of the judicial authorities is restricted under Section 5, the revision cannot be entertained by this Court, against an order passed by the Tribunal, which is interlocutory in nature. The revision fails as the same is not maintainable.
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