TMI Blog2003 (7) TMI 588X X X X Extracts X X X X X X X X Extracts X X X X ..... hence, on the facts of the case, we find the writ petition of the appellant was liable to be dismissed by the High Court. For this reason, we do not think it appropriate to remand the matter back to the High Court. Therefore, we dismiss this appeal permitting the appellant to raise all its contentions before the Arbitrator appointed by the Designated Judge. - CIVIL APPEAL NOS. 5313 AND 5314 OF 2003 ARISING OUT OF SLP(C) NOS. 478 AND 592 OF 2003 - - - Dated:- 30-7-2003 - N. SANTOSH HEGDE AND B.P. SINGH, JJ. Jana Kalyan Das for the Appellant. Manoj Kumar Das, Sibo Sankar Mishra, Ms. Praveena Gautam, Mrs. Ginny Jetly and Dharmendra Rautray for the Respondent. JUDGMENT N. Santosh Hegde, J. - Leave granted. 2. He ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... istrative order is amenable to the writ jurisdiction under Article 226 of the Constitution of India and we find such an order made by the Designated Judge under section 11(6) of the Act is not an exception to this rule. The power of the High Court under Article 226 to entertain a writ petition cannot be equated with the power of the Supreme Court to entertain an appeal under Article 136 of the Constitution of India. The power of the High Court to entertain a writ petition is an original power while power of this Court while entertaining an appeal under Article 136 of the Constitution is an appellate power. 7. The Constitution Bench in the case of Konkan Railways Corpn. Ltd. ( supra ) itself has held that an order which is the subject ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fficacious remedy is available before the Arbitrator, writ court normally would not entertain a challenge to an order of the Designated Judge made under section 11(6) of the Act which includes considering the question of jurisdiction of the arbitrator himself. Therefore, in our view even though a writ petition under Article 226 of the Constitution is available to an aggrieved party ground available for challenge in such a petition is limited because of the alternative remedy available under the Act itself. 9. Having come to the conclusion that a writ petition under Article 226 is maintainable as against the order made by the Designated Judge under section 11(6) of the Act on limited grounds, we will now consider whether such grounds are ..... X X X X Extracts X X X X X X X X Extracts X X X X
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