Allahabad High Court
Smt. Manju Singh And Ors. vs State Of U.P.Throu.Prin.Secy.Food And ... on 5 November, 2020
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 5 Case :- MISC. SINGLE No. - 16223 of 2020 Petitioner :- Smt. Manju Singh And Ors. Respondent :- State Of U.P.Throu.Prin.Secy.Food And Supply Lko.And Ors. Counsel for Petitioner :- Surya Bhan Singh Counsel for Respondent :- C.S.C. Hon'ble Attau Rahman Masoodi,J.
This is a writ petition filed under Article 226 of the Constitution of India against an order passed by the Arbitrator.
Sri R.P. Singh, learned Standing Counsel has pointed out that the mention of Section 12 of the U.P. Arbitration Act in the impugned award is incorrect for the reason that there is no such Act applicable in the State of U.P. and the provisions of the Arbitration and Conciliation Act, 1996 are applicable.
The remedy against the impugned arbitral award lies under the Arbitration and Conciliation Act, 1996 and a writ petition under Article 226 of the Constitution of India is misconceived.
The present writ petition being misconceived is accordingly dismissed leaving it open to the petitioner to avail the appropriate remedy available to him under law.
Order Date :- 5.11.2020 kanhaiya