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Supreme Court of India 2022-05-04 allowed

Kelkar & Kelkar vs Hotel Pride Executive Pvt. Ltd

Bench: 2 — M.R. Shah

In Brief

The Supreme Court set aside a High Court judgment that had quashed an arbitral award in a writ petition. The key issue was whether the High Court could exercise writ jurisdiction under Articles 226 and 227 to challenge an arbitral award when the Arbitration Act, 1940 provided an alternative statutory remedy of appeal. The Court held that the High Court ought not to have entertained the writ petition, as the existence of a statutory appellate remedy precluded the exercise of writ jurisdiction. The appeal was allowed with liberty given to the respondent to pursue remedies under the Arbitration Act.

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Arbitration Civil Procedure Writ Jurisdiction Statutory Remedies

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