ORDER

1. Writ Petition No. 7348 of 2021 is not on board. By consent, it is mentioned and taken on board.

2. In both matters, we granted an ad-interim order on 16th December 2021.

3. For some reason on that day, our attention was not drawn to the fact that in both matters Writs of Mandamus are sought against the Respondents which are private financial entities. Unarguably, neither of these private entities are the 'State' within the meaning of Article 12 and are not susceptible to the writ jurisdiction of this Court.

4. We believe it is wholly impermissible for this Court to exercise its jurisdiction under Article 226 of the Constitution of India even on questions of jurisdictional competence except perhaps where the arbitral tribunal is itself a statutory tribunal i.e. one created by a statute. The decision of the Supreme Court in Deep Industries Ltd v Oil And Natural Gas Corporation Ltd & Another, (2020) 15 SCC 706 is unambiguous. In paragraph 19, the Supreme Court referred to SBP & Co v Patel Engineering Ltd, (2005) 8 SCC 618 and reaffirmed paragraph 14 of that decision. Paragraph 19 of Deep Industries reads thus:

"19. In SBP & Co., this Court while considering interference with an or