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2020 Supreme(SC) 930

ROHINTON FALI NARIMAN, NAVIN SINHA, INDIRA BANERJEE
Punjab State Power Corporation Limited – Appellant
Versus
Emta Coal Limited – Respondent


Advocates appeared:
Mr. K. V. Vishwanathan, Sr. Advocate, Ms. Uttara Babbar, Advocate, Mr. Vinod Bharadwaj, Advocate, Ms. Bhavana Duhoon, Advocate, Mr. R. Venkataraman, Advocate, Mr. Manan Bansal, Advocate, for the Appellant; Mr. Abhimanyu Bhandari, Advocate, Mr. Sangram S. Saron, Advocate, Ms. Nattasha Garg, Advocate, Ms. Rooh-e-hina Dua, Advocate, for the Respondent.

ORDER

1. The impugned judgment dated 10.12.2019 is grounded on the fact that the impugned order passed by the Arbitral Tribunal on 08.01.2017 was challenged only 2% years late and the petitioner filed the writ petition at the last minute after the arguments had concluded before the Arbitral Tribunal. Based on this ground, the writ petition has been SLP (C) No. 8482/2020

2. dismissed, filed under Article 227 directly against a section 16 application without following the drill of section 16 of the Arbitration Act.

3. Shri K. V. Vishwanathan, learned senior counsel appearing for the petitioner, has argued before us, based on our judgment in Deep Industries Ltd. v. Oil and Natural Gas Corporation Ltd. & Anr. (2019) SCC Online SC 1602 , and paragraph 16 in particular, which is set out hereinbelow:

    "16. This being the case, there is no doubt whatsoever that if petitions were to be filed under Articles 226/227 of the Constitution against orders passed in appeals under Section 37, the entire arbitral process would be derailed and would not come to fruition for many years. At the same time, we cannot forget that Article 227 is a constitutional provisions which remains untouched by the non-

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