Siliveru Ramanjaneyulu v. The State Of Andhra Pradesh
The Hon'ble Sri Justice C.V.Nagarjuna Reddy and The Hon'ble Sri Justice Gudiseva Shyam Prasad Writ Petition No.25335 of 2018 Date: 26.07.2018 Between:
Siliveru Ramanjaneyulu ... Petitioner and The State of Andhra Pradesh Rep. by the Prl.Secretary Finance Department Secretariat, Velagapudi, Guntur District and 2 others
...Respondents
Counsel for the Petitioner:
Mr.M.Janardan Rao Counsel for respondent No.1: AGP for Finance & Planning The Court made the following:
CVNR, J & GSP, J WP.No.25335 of 2018 Dt: 26.07.2018 Order: (Per the Hon'ble Sri Justice C.V.Nagarjuna Reddy) This Writ Petition is filed for a Mandamus to set aside award, dated 08-02-2018, in AOP.No.432/2017, as being contrary to the provisions of Sections 11 and 34(2)(ii) & (iii) of the Arbitration and Conciliation Act, 1996 (for short 'the Arbitration Act').
The petitioner, allegedly, borrowed a sum of Rs.3 lakhs from respondent No.3. Alleging that the said amount was not repaid by the petitioner, respondent No.3 has referred the dispute to respondent No.2- sole arbitrator, purportedly, in terms of the agreement entered between it and the petitioner. Respondent No.2 has passed award on 08-02-2018. Assailing this award, the petitioner filed the present Writ Petition alleging various legal infirmities.
After hearing Mr.M.Janardan Rao, learned Counsel for the petitioner, we are of the opinion that this Writ Petition is not maintainable as respondent No.2 being a private arbitrator between the petitioner and respondent No.3, having acted under the purported agreement, is not amenable to the jurisdiction of this Court and consequently, his award cannot be questioned by invoking the public law remedy like a Writ Petition. If the
CVNR, J & GSP, J WP.No.25335 of 2018 Dt: 26.07.2018 petitioner feels aggrieved by the arbitral award, the appropriate remedy for him is to question the same by invoking the provisions of Section 34 of the Arbitration Act.
In this view of the matter, the Writ Petition is dismissed as not maintainable, however, with liberty to the petitioner to avail appropriate legal remedy in terms of the above observation. As a sequel to dismissal of the Writ Petition, IA.No.1 of 2018, filed by the petitioner for interim relief, is disposed of as infructuous.
______________________ (C.V.Nagarjuna Reddy, J) _______________________ (Gudiseva Shyam Prasad, J) Dt: 26th July, 2018 lur