JUDGMENT :

P.T. ASHA, J.

Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari to call for the records from the fifth respondent leading to pass the impugned proceedings in No. DE/E10B/ARB/KRU 330474/15, dated 31.10.2003 served on the petitioner on 04.11.2003 and quash the same.

1. This Court has been called upon to give its authoritative pronouncement on the substantial question of law herein below reproduced on the basis of a reference made by the learned Single Judge and pursuant to the order passed by the Hon'ble Chief Justice.

“(i) Whether the remedy of an application under Section 34 of the Arbitration and Conciliation Act, 1996, is available to set aside an arbitral award passed under Section 7-B of the Indian Telegraph Act, 1885?

(ii) If the answer to the earlier question is in the affirmative, whether petitioner who has filed Writ Petition before this Court against the arbitral award passed under Section 7-B of the Indian Telegraph Act, 1885, ought to be relegated to pursue the remedy of an application under Section 34 of the Arbitration and Conciliation Act, 1996 or on the Writ Petition which has been pending for long, be pro