Vamshi Mohan Thatipally v. Hdfc Bank Ltd.

THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN AND THE HON'BLE SRI JUSTICE N.BALAYOGI Civil Revision Petition No.4531 of 2018 ORDER: {Per Hon'ble Sri Justice Ramesh Ranganathan } This revision is filed, under Article 227 of the Constitution of India, contending that the award was passed more than 12 months after the date on which the dispute was referred to arbitration; and, since extension of time was not granted, the award was null and void. In case the petitioner is aggrieved by the award passed by the Arbitrator, including on the ground that the award was passed beyond time, his remedy is to file a petition under Section 34 of the Arbitration and Conciliation Act, 1996 (for short "the Act") requesting the Court below to set aside the award, among others, on the ground that the award was passed belatedly.

This Court, in proceedings under Article 227 of the Constitution of India, would not, ordinarily, entertain a revision against an award, since the Act provides for an effective remedy of a petition being filed, under Section 34 of the Act, for the award to be set aside. Leaving it open to the petitioner to avail the remedy of filing a petition under Section 34 of the Act, before the competent Court, the Civil Revision Petition fails and is, accordingly, dismissed. Miscellaneous Petitions pending, if any, shall stand closed. There shall be no order as to costs.

___________________________ (RAMESH RANGANATHAN, J) _______________ (N.BALAYOGI, J) 07th August, 2018 JSU

THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN AND THE HON'BLE SRI JUSTICE N.BALAYOGI Civil Revision Petition No.4531 of 2018 Date: 07.08.2018 JSU