Ranju Devi Alias Ranjo Devi v. Magma I.T.L. Finance Limited

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11336 of 2019 ====================================================== Ranju Devi alias Ranjo Devi Wife of Shambhu Yadav Resident of VillageHaripur, Police Station- Salkhua, District- Saharsa. ... ... Petitioner

Versus

1.

Magma I.T.L. Finance Limited registered Office-24, Park Street, Kolkata700016. 2.

Uttam Kumar Mahanty, aged about 60 years, Gender- Male, Associate Vice President, Magma I.T.L. Finance Limited, 24, Park Street, Kolkata. 3.

Mr. Gopaljee, aged about 60 years, Gender- Male, Assistant Manager, Legal, 24, Park Street, Kolkata.

4.

Kankana Chatterjee, aged about 45 years, Gender- Female, Representative, Magma I.T.L. Finance Limited, Kolkata.

5.

Awadhesh Singh, aged about 55 years, Gender- Male, Coordinator/Agent, Magma L.T.L. Finance Cum Owner of Tractor Agency, Nayak Complex, Jail Chowk, N.H.-31, Purnea- 854301.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manish Kumar For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 28-06-2019 Let the defect be ignored.

This writ application has been preferred challenging the Award dated 24.07.2017 made by the Sole Arbitrator exercising his power under the provisions of the Arbitration and Conciliation Act, 1996. The venue of the arbitration as it reveals from the impugned Award was Kolkata in the State of West Bengal.

The Arbitration and Conciliation Act, 1996 provides statutory remedy for setting aside of an Arbitration Award. Instead of taking recourse to the statutory remedy available to

Patna High Court CWJC No.11336 of 2019(2) dt.28-06-2019 2/2 the petitioner, she has chosen to move this Court under Article 226 of the Constitution of India. The writ application is fully misconceived as it is not the appropriate remedy applied for. The writ application is dismissed but with liberty to the petitioner to avail statutory remedy under the Arbitration and Conciliation Act, 1996.

(Rajeev Ranjan Prasad, J) avin/- U