High Court of Judicature at Allahabad
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M/S Karinda Constructions v. Union Of India And Others - WRIT - C No. 29993 of 2007  RD-AH 11479 (9 July 2007)
Hon'ble S.U. Khan, J.
This writ petition is directed against award dated 01.06.2007 given by Rakesh Misri, sole arbitrator in the dispute in between petitioner and Hindustan Petroleum Corporation Ltd.-respondent No.2. The main argument of learned counsel for the petitioner is that there was no agreement through which the parties agreed that in case of difference the matter should be referred to arbitrator.
Against award of the arbitrator, aggrieved party is entitled to file application for setting aside under Section 34 of Arbitration and Conciliation Act. Under Section 34(2), it is provided that an arbitral award may be set aside by the Court if it is proved that arbitration agreement was not valid or arbitral award deals with a dispute not contemplated by the terms of the submission to arbitration.
Accordingly, writ petition is dismissed on the ground of alternative remedy.
Petitioner at liberty to file application for setting aside the arbitral award, which has been challenged through this writ petition under Section 34 of Arbitration and Conciliation Act, 1996. All the pleas taken by the petitioner may be taken by him in the said proceedings.
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