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2020 Supreme(Guj) 929

VIKRAM NATH, J.B.PARDIWALA
Narmada Clean-Tech – Appellant
Versus
Indian Council of Arbitration – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Mr. Kamal Trivedi, Mr. Abhishek M. Mehta.
For the Respondents: Mr. Paras Sukhwani, Mr. Chirag K. Sukhwani.

JUDGMENT :

VIKRAM NATH, J.

1. This appeal under Clause 15 of the Letters Patent Act has been preferred by the original writ petitioners-Narmada Clean-Tech, a company registered under the provisions of the Companies Act, 1956, assailing the correctness of the judgment and order dated 18.05.2020 passed by the learned Single Judge in Special Civil Application No. 18097 of 2017-Narmada Clean-Tech vs. Indian Council of Arbitration and two others, whereby the learned Single Judge dismissed the writ petition holding it to be not maintainable only on the ground that the order passed during the course of arbitration proceedings cannot be challenged under Articles 226 and/or 227 of the Constitution of India.

2. Earlier vide judgment and order dated 30.07.2020, the Division Bench had held that the writ petition would be maintainable against the order impugned passed by the Arbitral Tribunal. At that stage, we could have remitted the matter to the learned Single Judge for its decision on merits, but instead it was provided that the matter may be argued on merits and the Division Bench itsel

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