Petitioner seek a direction to the respondent to recall of witness power to be invoked to meet the ends of justice for strong and valid reasons with cautions and circumspection, and the same issue was held in the judgement passed by a single bench judge Hon’ble Dr Yogendra Kumar Srivastava, J.In the matter M/S. Magma Leasing Ltd. Badri Vishal And Ors [ WRIT – C No. – 16753 of 2010] dealt with an issue mentioned above.
Pleadings of the case indicate that an award dated 30.12.2005 was passed in favour of the petitioner and for enforcement of the said award, an application under Section 36 of the Arbitration and Conciliation Act, 1996 was moved. The aforesaid application came to be dismissed by the Special Judge, SC/ST Act, Mirzapur on 23.02.2008 due to nonappearance on behalf of the applicant. An application for restoration was moved which was also rejected on 01.02.2010 on the ground of being barred by limitation. It is at this stage that the present writ petition was filed.
Under the Act 1996, the aforesaid procedure has been substituted by a simpler procedure of giving effect to the award as a decree. In terms of Section 36 of the Act, 1996, when the time for making an application to set aside the arbitral award under Section 34 has expired, then, subject to the provisions of sub-section (2), the award shall be enforced in accordance with the provisions of the Code of Civil Procedure, 19082, in the same manner as if it were a decree of the court.
The court perused the facts and arguments presented Having regard to the foregoing discussion the legal position which thus emerges is that judicial orders of civil court would not be amenable to writ jurisdiction under Article 226 and that challenge thereagainst can be raised under Article 227.
Judgment reviewed by Sakshi Mishra