12th August, 2025
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HARISH TANDON, CJ.
1. A piquant situation has arisen in the instant appeal on the scope of
a judicial review exercised by the High Court under Article 226 of
the Constitution of India in relation to an arbitral proceeding. The
order passed by the arbitral tribunal under Section 16 of the
Arbitration and Conciliation Act, 1996 (in short, „the Act‟) is
assailed by the respondent herein under Article 226/227 of the
Constitution of India and the Single Bench interfered with the
said order from which the present appeal arises. The matter is still
pending before the arbitral tribunal who is yet to adjudicate the
disputes raised by the respective parties and, therefore, it is
suffice to say that the Court should refrain from making any
observation which would impact the decision to be taken by the
arbitral tribunal at the time of passing the award.