Punjab-Haryana High Court
Kingbury Residents Welfare ... vs Tdi Infrastructure Ltd on 14 March, 2022
Author: Manjari Nehru Kaul
Bench: Manjari Nehru Kaul
259 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
(through video conferencing)
CR-2323-2018
Decided on : 14.03.2022
Kingbury Residents Welfare Association ...... Petitioner
Versus
TDI Infrastructure Ltd. ...... Respondent
CORAM : HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL
Present : Mr. T.S.Chhikara, Advocate
for the petitioner.
Mr. Sanjay Vij, Advocate
for the respondent.
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Manjari Nehru Kaul, J.(Oral)
Instant revision petition has been filed under Article 227 of the Constitution of India for setting aside the impugned order dated 16.02.2018 passed by Civil Judge, Jr. Divison, Sonepat vide which the Court below allowed the application filed under Sections 7, 8 and 9 of Arbitration and Conciliation Act, 1989 in an illegal and arbitrary manner.
Learned counsel for the petitioner has failed to satisfy this Court as to how the instant petition was maintainable since an order of returning a plaint under Order VII Rule 10 CPC was appealable under Order 43 Rule 1(a) CPC. The Hon'ble Supreme Court in Virudhunagar Hindu Nadargal Dharma Paribalana Sabai and others vs. Tuticorin Educational Society and others, 2019(9) SCC 538 has categorically held that there is total bar to the exercise of supervisory jurisdiction under Article 227 of the Constitution of India specially when an alternative remedy is available under the Code of Civil Procedure.
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(MANJARI NEHRU KAUL)
JUDGE
14.03.2022
sonia
Whether speaking/reasoned: Yes/No
Whether reportable : Yes/No
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