IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.5115 OF 2007

Rohitash Prasad & Ors. ……. Appellant(s) Vs. Saifuddin & Anr.         ….… Respondent(s)

O R D E R

The appeal arises out of an application filed by the appellants  under  section  11(6)  of  the  Arbitration  and Conciliation Act, 1996, (‘Act’ for short). The Additional District  Judge  No.2,  Udaipur,  as  designate  of  the  Chief Justice  of  the  High  Court  of  Rajasthan,  heard  the  said application and dismissed it on 16.2.2001. The said order was challenged by the appellants in a writ petition (SBCWP No.3959/2001). The said writ petition was dismissed by the High Court of Rajasthan on the ground that the remedy of the  appellant  was  only  by  way  of  an  appeal  under

Article  136  of  the  Constitution.  The  said  order  is challenged in this appeal by special leave.  

2. The matter is covered by the decision of this Court in  Punjab  Agro  Industries  Corporation  Ltd.  vs.  Kewal  Singh

Dhillon – 2008 AIR SCW 5745. Following the said decision, this appeal is allowed and the order of the High Court is set  aside.  Consequently,  the  writ  petition  (SBCWP No.3959/2001) stands restored on the file of the High Court for disposal in accordance with law. As the matter is old, the High Court is requested to dispose of the writ petition expeditiously.  

__________________J [R. V. Raveendran]

_________________J [Markandey Katju]

New Delhi; February 25, 2009.

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