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2022 (5) TMI 248 - SC - Indian LawsArbitration Award - Maintainability of petition before the HC - availability of alternative remedy of appeal - non-compliance of Clause 56 of the Articles of Agreement - procedure as required under Clause 56 not followed - HELD THAT:- Against the award made by the learned Arbitrator made under the Act and against an order passed by the learned trial Court making the award a decree and without availing the alternative statutory remedy available by way of appeal under the provisions of the Act, the High Court ought not to have entertained the writ petition under Articles 226 and 227 of the Constitution of India. When the statute provides a further remedy by way of appeal against the award and even against the order passed by the learned trial Court making the award a decree of the court, the High Court ought not to have entertained the writ petition and ought not to have set aside the award, in a writ petition under Articles 226 and 227 of the Constitution of India. In that view of the matter the impugned judgment and order passed by the High Court is unsustainable and the same deserves to be quashed and set aside. Impugned Judgment and Order passed by the High Court is set aside - Appeal allowed.
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