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.