Mr. Justice Aparesh Kumar Singh

No power of review can be invoked while exercising power under Section 34 of the Arbitration & Conciliation Act, 1996 or on to the Appellate Court under Section 37 of the said Act – State of Tripura Vs. Shri Ashes Deb – Tripura High Court

Hon’ble High Court held that Section 5 of the Arbitration & Conciliation Act, 1996 stipulates judicial intervention with respect to only relevant provisions mentioned in Part-I of the said Act. Section 34 falls within Part-I of the said Act and no remedy of review is traceable thereunder. A total reading of the various provisions, contained in Part-I of the Arbitration & Conciliation Act, 1996 would make a disclosure that save and except, Section 33, there is no other provision in the said Part, which is similar to the power of review, or having a semblance thereof. Therefore, the Parliament being aware of the powers of review, having not conferred such power either on to the Court, exercising power under Section 34 of the Arbitration & Conciliation Act, 1996 or on to the appellate Court under Section 37 of the said Act, no power of review can be invoked by implication.

No power of review can be invoked while exercising power under Section 34 of the Arbitration & Conciliation Act, 1996 or on to the Appellate Court under Section 37 of the said Act – State of Tripura Vs. Shri Ashes Deb – Tripura High Court Read Post »

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