Kingbury Residents Welfare Association v. Tdi Infrastructure Ltd

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH (through video conferencing) CR-2323-2018 Decided on : 14.03.2022 Kingbury Residents Welfare Association ...... Petitioner

Versus

TDI Infrastructure Ltd.

...... Respondent CORAM : HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL Present :

Mr. T.S.Chhikara, Advocate for the petitioner.

Mr. Sanjay Vij, Advocate for the respondent.

**** Manjari Nehru Kaul, J.(Oral) Instant revision petition has been filed under Article 227 of the Constitution of India for setting aside the impugned order dated 16.02.2018 passed by Civil Judge, Jr. Divison, Sonepat vide which the Court below allowed the application filed under Sections 7, 8 and 9 of Arbitration and Conciliation Act, 1989 in an illegal and arbitrary manner. Learned counsel for the petitioner has failed to satisfy this Court as to how the instant petition was maintainable since an order of returning a plaint under Order VII Rule 10 CPC was appealable under Order 43 Rule 1(a) CPC. The Hon'ble Supreme Court in Virudhunagar Hindu Nadargal Dharma Paribalana Sabai and others vs. Tuticorin Educational Society and others, 2019(9) SCC 538 has categorically held that there is total bar to the exercise of supervisory jurisdiction under Article 227 of the Constitution of India specially when an alternative remedy is available under the Code of Civil Procedure.

SONIA BURA 2022.03.16 16:21 I attest to the accuracy and authenticity of this document chandigarh

CR-2323-2018 -2Hence, in the circumstances, this Court does not deem it appropriate to entertain the instant petition. Accordingly, the present petition stands dismissed.

(MANJARI NEHRU KAUL) JUDGE 14.03.2022 sonia Whether speaking/reasoned:

Yes/No Whether reportable :

Yes/No SONIA BURA 2022.03.16 16:21 I attest to the accuracy and authenticity of this document chandigarh