Can jurisdiction of the High Court under Articles 226 and 227 be invoked where the orders passed by the Arbitral Tribunal are procedural in nature? | Can Arbitral Tribunal pass the order during moratorium under Section 96 of IBC? – Lalit Mohan Vs. National Agricultural Co. Federation of India Ltd. (NAFED) – Delhi High Court
The Hon’ble High Court holds that the question of maintainability of a writ petition in relation to arbitration proceedings is well settled. The jurisdiction of the Court under Articles 226 and 227 of the Constitution of India, 1950, cannot be invoked where the orders passed by the Arbitral Tribunals are procedural in nature. The Arbitral Tribunal has clearly and specifically observed that the Tribunal shall “consider the feasibility of signing the Award, without pronouncing it, which would be kept in abeyance, pending decision on Respondent’s application.” . This clearly indicates that there is no finality on this issue. Hence, the Court does not deem fit to entertain the present petition.