Case Note & Summary
The appellant, Sri V. Vinod D. Kamath, filed a writ appeal against the order of a learned Single Judge of the High Court of Karnataka at Bengaluru, who dismissed his writ petition challenging proceedings in A.S.No.19/2015 before the Principal District and Sessions Judge, Dakshina Kannada. The background is that the appellant had made an application (I.A.No.4) in the Section 34 proceedings under the Arbitration and Conciliation Act, 1996, seeking that the issue of admissibility of the agreement be taken up as a preliminary point. On 05.01.2018, the District Judge proceeded to hear arguments on I.A.No.4 and the main matter, directing the appellant to file written arguments. Aggrieved by this order, the appellant filed a writ petition, which was dismissed by the Single Judge on 05.03.2018 on the ground that Section 34 proceedings were pending and the writ petition was not maintainable, with liberty to raise objections before that court. The appellant then filed the present writ appeal under Section 4 of the High Court Act. The Division Bench, after hearing the appellant's counsel, held that the Single Judge's order was correct and that the writ petition was not maintainable as the appellant had an alternative remedy under Section 34 of the Act. The appeal was dismissed, and the appellant was directed to raise all objections before the competent court in the pending Section 34 proceedings.
Headnote
A) Arbitration Law - Maintainability of Writ Petition - Alternative Remedy - Section 34 of the Arbitration and Conciliation Act, 1996 - The appellant challenged an order of the District Judge in Section 34 proceedings by way of a writ petition. The Single Judge dismissed the writ petition holding that the remedy under Section 34 is available. The Division Bench upheld the dismissal, stating that the writ petition was not maintainable as the appellant could raise all objections before the competent court under Section 34. (Paras 1-3)
Issue of Consideration
Whether a writ petition is maintainable against an order passed by a District Judge in proceedings under Section 34 of the Arbitration and Conciliation Act, 1996, when the petitioner has an alternative remedy under the same provision.
Final Decision
The Division Bench dismissed the writ appeal, upholding the order of the learned Single Judge. The appellant was directed to raise all objections before the competent court in the pending Section 34 proceedings.
Law Points
- Writ petition not maintainable when alternative statutory remedy under Section 34 of Arbitration and Conciliation Act
- 1996 is available
- Interference with proceedings under Section 34 of the Act by way of writ petition is impermissible
Case Details
2018 LawText (KAR) (06) 23
Writ Appeal No.1170 of 2018 (GM-RES)
Hon'ble Mr.Justice Dinesh Maheshwari, Chief Justice, Hon'ble Mr.Justice Krishna S Dixit
Sri P.N. Manmohan (for appellant), Sri K. Chandranath Ariga (for respondent/caveator)
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Nature of Litigation
Writ appeal against dismissal of writ petition challenging proceedings under Section 34 of the Arbitration and Conciliation Act, 1996.
Remedy Sought
The appellant sought to set aside the order of the learned Single Judge dated 05.03.2018 dismissing his writ petition and to allow the writ petition as prayed for.
Filing Reason
The appellant was aggrieved by the order of the District Judge dated 05.01.2018 in A.S.No.19/2015, wherein the District Judge proceeded to hear arguments on I.A.No.4 and the main matter, and directed the appellant to file written arguments.
Previous Decisions
The learned Single Judge dismissed the writ petition on 05.03.2018 holding that the writ petition was not maintainable as Section 34 proceedings were pending before the competent court.
Issues
Whether a writ petition is maintainable against an order passed in proceedings under Section 34 of the Arbitration and Conciliation Act, 1996, when an alternative remedy is available.
Submissions/Arguments
The appellant argued that the District Judge's order dated 05.01.2018 was erroneous and sought intervention by way of writ petition.
Ratio Decidendi
A writ petition is not maintainable when an alternative statutory remedy under Section 34 of the Arbitration and Conciliation Act, 1996 is available. The appellant can raise all objections before the competent court in the pending Section 34 proceedings.
Judgment Excerpts
In view of the fact that Section 34 proceedings are pending before the competent Court against the Arbitral award, the present writ petition is held to be not maintainable and the same is accordingly dismissed.
Whatever objections of the petitioner available to him under Section 34 of the Act may be raised before that Court.
Procedural History
The appellant filed an application (I.A.No.4) in A.S.No.19/2015 under Section 34 of the Arbitration and Conciliation Act, 1996 before the Principal District and Sessions Judge, Dakshina Kannada. On 05.01.2018, the District Judge heard arguments on I.A.No.4 and the main matter, directing the appellant to file written arguments. Aggrieved, the appellant filed a writ petition (W.P.No.1689/2018) before the High Court of Karnataka, which was dismissed on 05.03.2018. The appellant then filed the present writ appeal under Section 4 of the Karnataka High Court Act, 1961.
Acts & Sections
- Arbitration and Conciliation Act, 1996: Section 34
- Karnataka High Court Act, 1961: Section 4
