As per case facts, the petitioner-judgment debtor filed objections under Section 34 of the Arbitration Act, 1996, against an arbitration award passed by a Sole Arbitrator appointed by the Facilitation ...
CR-5403-2025 (O&M) -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CR-5403-2025 (O&M)
Reserved on: 18.03.2026
Pronounced on: 15.05.2026
Uploaded on: 15.05.2026
Whether only the operative part of the judgment is pronounced
or whether the full judgment is pronounced: Full
M/S PAHWA IMPEX PVT. LTD.
....Petitioner(s)
Versus
M/S KANUJ HOME TEXTILES EXIM
.....Respondent(s)
CORAM: HON’BLE MR. JUSTICE JASGURPREET SINGH PURI
Present: Mr. Amit Jhanji, Senior Advocate with
Mr. Shashank Shekhar Sharma, Advocate,
for the petitioner.
Mr. Vikram Dhakla, Advocate and
Mr. Daman Dhir, Advocate,
for the respondent.
Mr. Udit Garg, Additional Advocate General, Haryana.
****
JASGURPREET SINGH PURI , J.
1. The present Civil Revision Petition has been filed under Article
227 of the Constitution of India for setting aside the impugned order dated
28.07.2025 (Annexure P-4) passed by the learned Additional District Judge,
Karnal in Execution Petition bearing No.441 of 2020, whereby the
objections filed by the petitioner to the execution petition have been
dismissed, with a further prayer seeking dismissal of the aforesaid execution
having been rendered inexecutable since the award sought to be executed
has been passed by an incompetent authority and without jurisdiction.
CR-5403-2025 (O&M) -2-
2. The factual matrix leading to the filing of the present Civil
Revision Petition seeking to invoke the supervisory jurisdiction of this Court
under Article 227 of the Constitution of India is that the award was passed
on 09.01.2020 vide Annexure P-1 by the learned Sole Arbitrator on the basis
of a reference made to the learned Sole Arbitrator for arbitration by the
Chairman, Haryana Micro and Small Enterprises Facilitation Council-cum-
Director, Industries and Commerce, Haryana under Section 18(3) of the
Micro, Small and Medium Enterprises Development Act, 2006 (hereinafter
referred to as the ‘MSMED Act, 2006’). The aforesaid award was passed
after being contested by the petitioner-judgment debtor, who had fully
participated in the arbitral proceedings.
3. After the award was passed on 09.01.2020, the petitioner-
judgment debtor filed objections under Sections 34 of the Arbitration Act,
1996 before the learned Additional District Judge, Karnal. In the meantime,
execution was also filed by the respondent-decree holder before the learned
Additional District Judge, Karnal under Section 36 of the Arbitration Act,
1996 (hereinafter referred to as “the Arbitration Act, 1996”) seeking
execution of the aforesaid award for the claim of a total amount of
Rs.84,21,272/- along with interest to which the petitioner had filed its
objections on 18.09.2023 vide Annexure P-3. In this way, both the objections
under Section 34 of the Arbitration Act, 1996 as well as the execution
proceedings proceeded simultaneously.
4. As per the learned counsel for the respondent-decree holder,
although the petitioner had filed objections under Section 34 of the
Arbitration Act, 1996 but he did not deposit 75% of the awarded amount as
mandated under Section 19 of the MSMED Act, 2006 and therefore, the
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objections under Section 34 of the Arbitration Act, 1996 were adjourned
from time to time and ultimately, on 25.07.2025, the petitioner-judgment
debtor withdrew the objections under Section 34 of the Arbitration Act, 1996
vide Annexure P-5 by citing a technical defect pertaining to Notification
issued by the Haryana Government dated 20.04.2007 and 09.11.2021.
5. After three days from the said withdrawal of the objections
under Section 34 of the Arbitration Act, 1996 i.e. on 28.07.2025, since the
execution under Section 36 of the Arbitration Act, 1996 was also pending
and was being proceeded, the learned Additional District Judge by way of
the impugned order dismissed the objections to the execution petition filed
by the petitioner-judgment debtor and in this way, the said order has been
now assailed by the petitioner-judgment debtor by way of filing the present
Civil Revision Petition.
6. Learned Senior Counsel appearing on behalf of the petitioner
submitted that even if the objections filed by the petitioner under Section 34
of the Arbitration Act, 1996 were withdrawn by the petitioner, still the
objections of the petitioner in the execution petition were required to be
allowed in view of the fact that the award sought to be executed itself was
inexecutable having been passed by an incompetent authority and without
jurisidction. In this regard, he submitted that since the award itself was
without jurisdiction not being passed by a competent authority, the same
cannot be executed, even if the objections under Section 34 of the
Arbitration Act, 1996 were withdrawn by the petitioner.
7. To substantiate his arguments, the learned Senior Counsel
submitted that as per the provisions of Section 18 of the MSMED Act, 2006,
the Facilitation Council on receipt of a reference under sub-section (1) is
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required to conduct conciliation either itself in the matter or seek the
assistance of any institution or centre providing alternate dispute resolution
services by making a reference to such an institution or centre for
conducting conciliation and the provisions of Sections 65 to 81 of the
Arbitration Act, 1996 shall apply to such a dispute as if the conciliation was
initiated under Part III of that Act. Thereafter, in case the conciliation which
was initiated under sub-section (2) is not successful and stands terminated
without any settlement between the parties, then the Council shall either
itself take up the dispute for arbitration or refer it to any institution or centre
providing alternate dispute resolution services for such arbitration and the
provisions of the Arbitration Act, 1996 shall then apply to the disputes as if
the arbitration was in pursuance of an arbitration agreement referred to in
sub-section (1) of Section 7 of that Act. He submitted that in this way, the
first step which is to be taken by the Facilitation Council is to conduct
conciliation proceedings and in case the conciliation proceedings fail, then
the Council shall refer the dispute for arbitration to any institute or centre
providing alternate dispute resolution services or the Council can itself take
up the matter for arbitration. However, even if an Arbitrator is so appointed,
then any award, if at all is passed by the said Arbitrator cannot be termed as
an ‘award’ under the provisions of the Arbitration Act, 1996 because it is
merely in the nature of a report, which is required to be sent back to the
Facilitation Council for passing of the award. To further substantiate the
aforesaid argument that even if in terms of sub-section 3 of Section 18 of the
MSMED Act, 2006, the Facilitation Council refers the dispute to an
Arbitrator, still the award passed by the Arbitrator shall not be an award but
only a report. He relied upon a judgment of a Coordinate Bench of this Court
CR-5403-2025 (O&M) -5-
in Indian Oil Corporation Limited vs. Haryana Micro and Small
Enterprise Facilitation Council and another, 2023 SCC OnLine P&H
1443 and while referring to the aforesaid judgment, he submitted that it was
held that although there is no prohibition in engagement of an Arbitrator
/Expert/Facilitator under the MSMED Act, 2006 or the Rules framed
thereunder for submission of a report to the Faciliation Council but the
Arbitrator so appointed is however not competent to pass an enforceable
award as no such power is conferred upon him under the Rules or the
statutory scheme and only the Council is competent to pass the final award
because the Arbitrator /Expert/Facilitator acts only under the aegis of the
Council and it is only the Council which is in fact the Arbitrator and
adjudication has to be done by it and not by the Arbitrator/
Expert/Facilitator. He further submitted that the reference was made by a
Coordinate Bench of this Court to the Rules, namely, Haryana Micro and
Small Enterprises Facilitation Council Rules, 2007, which were later on
amended in the year 2021 and while referring to Rule 4 Clause 19, which
provides that the Council shall make an arbitral award in accordance with
Section 31 of the Arbitration Act, 1996. He submitted that in the present
case, after the award was passed by the Sole Arbitrator, the same has not
been ratified or thereafter passed by the Council and since it has been not
been passed by the Council, it cannot be said to be an award in accordance
with Section 31 of the Arbitration Act, 1996 as per the aforesaid Rule and
hence is unenforceable in view of the judgment passed by a Coordinate
Bench of this Court in Indian Oil Corporation Limited’s case (supra). He
also referred to another judgment of Hon’ble Supreme Court in Bhadra
International (India) Pvt. Ltd. and others vs. Airports Authority of India,
CR-5403-2025 (O&M) -6-
2026 SCC OnLine SC 7 to contend that a revision petition would lie when
the award is not enforceable because a challenge to an Arbitrator's
ineligiblity could be raised at any stage because an award passed in such
circumstances is non-est i.e. it carries no enforceability or recognition in
law.
8. On the other hand, learned counsel for the respondent submitted
that as per the provisions of Section 18 of the MSMED Act, 2006, when the
conciliation efforts fail, then as per Section 18(3) of the MSMED Act, 2006,
the Council is to refer the matter to any institution or centre for arbitration or
keep it to itself for deciding and it is specifically so provided that once it is
sent to any institute or centre providing
alternate dispute resolution services
for arbitration, then the provisions of the Arbitration Act, 1996 would apply
to the dispute
as if the arbitration was in pursuance of an arbitration
agreement referred to in sub-section (1) of Section 7 of that Act. He
submitted that in this way, once the conciliation proceedings conducted by
the Facilitation Council had failed, the Council referred the matter to the
Sole Arbitrator, who is a retired Additional District Judge, who conducted
the proceedings, in which the petitioner participated and thereupon an
award was passed vide Annexure P-1. Applying the provisions of sub-
section (3) of Section 18 of the MSMED Act, 2006, the provisions of the
Arbitration Act, 1996 were applicable on the aforesaid award and therefore,
there was no requirement for sending it back to the Facilitation Council for
ratifiction and passing of an award as projected by the learned Senior
Counsel for the petitioner and therefore, the argument raised by the learned
Senior Counsel for the petitioner is not sustainable.
CR-5403-2025 (O&M) -7-
9. Learned counsel for the respondent also submitted that the
aforesaid judgment as relied upon by the learned Senior Counsel for the
petitioner in Indian Oil Corporation Limited’s case (supra) is
distinguishable from the facts and circumstances of the present case
particularly in view of the fact that in the present case, the petitioner had
initially filed objections under Section 34 of the Arbitration Act, 1996 and
later on withdrew the same and after having withdrawn the same, the present
revision petition under Article 227 of the Constitution of India was not
entertainable and therefore, the present petition is liable to be dismissed.
10. Learned counsel for the respondent also submitted that when
the petitioner withdrew the objections under Section 34 of the Arbitration
Act, 1996, the basic reason for withdrawal was that the petitioner did not
deposit 75% of the awarded amount as mandated under Section 19 of the
MSMED Act, 2006, although it was so submitted before the Court that the
withdrawal was being made in view of the Notification issued by the
Haryana Government dated 20.04.2007 and 09.11.2021, citing a technical
defect. He submitted that once the petitioner did not deposit 75% of the
awarded amount as mandated under Section 19 of the MSMED Act, 2006,
then it cannot be permitted to circumvent the provisions of law and after
withdrawing the objections under Section 34 of the Act, the petitioner
cannot be allowed to file the present revision petition invoking the
extraordinary power of this Court under Article 227 of the Constitution of
India. In this regard, he referred to a judgment passed by a three-Judge
Bench of the Hon’ble Supreme Court in M/s India Glycols Limited and
another vs. Micro and Small Enterprises Facilitation Council, Medchal-
Malkajgiri and others, 2023 SCC OnLine SC 1852. He further submitted
CR-5403-2025 (O&M) -8-
that in the impugned order, the objection raised by the petitioner pertaining
to the enforceability of the award was also rejected by making reference to
another judgment of Hon’ble Supreme Court in M/s Tamil Nadu Cements
Corporation Limited vs. Micro and Small Enterprises Facilitation
Council, 2025 SCC OnLine 127, wherein the issue with regard to as to
whether the MSME Facilitation Council can itself act as an Arbitrator or not
in terms of Section 18 of the MSMED Act, 2006 has been referred to a
Larger Bench of five Judges.
11. He further submitted that the judgment relied upon by the
learned Senior Counsel for the petitioner passed by a Coordinate Bench of
this Court in Indian Oil Corporation Limited’s case (supra) was rendered in
the year 2023, whereas, subsequently, in the year 2025 i.e. on 22.01.2025,
the Hon'ble Supreme Court while dealing with the issue in M/s Tamil Nadu
Cements Corporation Limited's case (supra), referred the issue to a Larger
Bench of Five Judges and therefore, the reliance made by the learned Senior
Counsel for the petitionerr on aforesaid judgment in Indian Oil Corporation
Limited’s case (supra) is not sustainable.
12. Learned counsel for the respondent also submitted that as per
Section 80 of the Arbitration Act, 1996, it is provided that the Conciliator
shall not act as an Arbitrator and the applicability of Section 80 on the issue
as to whether the Facilitation Council can act as an Arbitrator or not was also
referred to the Larger Bench by way of the aforesaid judgment and therefore,
the present petition is liable to be dismissed.
13. I have heard the learned counsel for the parties.
CR-5403-2025 (O&M) -9-
14. The present revision petition gives rise to the following issues
for consideration:-
(i) Whether the impugned order 28.07.2025 (Annexure P-4)
passed by the learned Additional District Judge, Karnal,
whereby the objections referred by the petitioner in the
execution proceedings have been dismissed, is liable to be set
aside on the ground that the award under execution is
inexecutable having been rendered by an authority lacking
inherent jurisdiction.
(ii) Whether upon withdrawal of objections under Section 34
of the Arbitration Act, 1996, revision petition under Article 227
of the Constitution of India challening the said award and the
execution proceedings is entertainable or not.
15. Before proceeding further, it is important to refer to the relavnt
provisions. Section 18 of the MSMED Act, 2006, is reproduced as under:-
“18. Reference to Micro and Small Enterprises
Facilitation Council.—(1) Notwithstanding anything
contained in any other law for the time being in force, any
party to a dispute may, with regard to any amount due
under section 17, make a reference to the Micro and Small
Enterprises Facilitation Council.
(2) On receipt of a reference under sub-section (1), the
Council shall either itself conduct conciliation in the matter
or seek the assistance of any institution or centre providing
alternate dispute resolution services by making a reference
to such an institution or centre, for conducting conciliation
and the provisions of sections 65 to 81 of the Arbitration
and Conciliation Act, 1996 (26 of 1996) shall apply to such
CR-5403-2025 (O&M) -10-
a dispute as if the conciliation was initiated under Part III
of that Act.
(3) Where the conciliation initiated under sub-section (2) is
not successful and stands terminated without any settlement
between the parties, the Council shall either itself take up
the dispute for arbitration or refer it to any institution or
centre providing alternate dispute resolution services for
such arbitration and the provisions of the Arbitration and
Conciliation Act, 1996 (26 of 1996) shall then apply to the
dispute as if the arbitration was in pursuance of an
arbitration agreement referred to in sub-section(1) of
section 7 of that Act.
(4) Notwithstanding anything contained in any other law
for the time being in force, the Micro and Small Enterprises
Facilitation Council or the centre providing alternate
dispute resolution services shall have jurisdiction to act as
an Arbitrator or Conciliator under this section in a dispute
between the supplier located within its jurisdiction and a
buyer located anywhere in India.
(5) Every reference made under this section shall be
decided within a period of ninety days from the date of
making such a reference.”
16. Section 80 of the Arbitration Act, 1996 is also reproduced as
under:-
“80. Role of conciliator in other proceedings.—Unless
otherwise agreed by the parties,—
(a) the conciliator shall not act as an arbitrator or as a
representative or counsel of a party in any arbitral or
judicial proceeding in respect of a dispute that is the subject
of the conciliation proceedings;
(b) the conciliator shall not be presented by the parties as a
witness in any arbitral or judicial proceedings.”
CR-5403-2025 (O&M) -11-
17. In the present case, after the Facilitation Council initiated the
proceedings under Section 18 of the MSMED Act, 2006 for conciliation
purposes, the same failed and the dispute was referred to a Sole Arbitrator,
who is a retired Additional District Judge. The learned Sole Arbitrator
passed an award vide Annexure P-1 dated 09.01.2020. The petitioner
assailed the aforesaid award in the year 2021 by filing objections under
Section 34 of the Arbitration Act, 1996 but after about four years i.e. on
25.07.2025, it withdrew the objections. The aforesaid order (Annexure P-5)
by which the petitioner withdrew the objections is reproduced as under:-
“Statement of counsel for petitioner record, wherein he
stated that in view of the Haryana Govt. Notification
dated 20.04.2007 and 09.11.2021, due to technical defect,
he withdraws the instant petition with liberty to take legal
recourse. In view of this, the present petition is hereby
dismissed as withdrawn. File be consigned to records,
after due compliance.”
18. Since simultaneously execution proceedings were pending
under Section 36 of the Arbitration Act, 1996 before the learned Additional
District Judge, wherein the petitioner had filed its objections on merits, the
objections to the execution petition were dismissed by way of the impugned
order after three days of withdrawal of the objections under Section 34 of
the Arbitration Act, 1996 i.e. on 28.07.2025. With regard to the merits of the
case, the learned Additional District Judge in the impugned order so
observed that the Court cannot go beyond the award passed by the Sole
Arbitrator and it cannot be said that the impugned award dated 09.01.2020
is inexecutable and passed without jurisdiction. The objections which were
filed by the petitioner in the execution petition have also been attached
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along with the present petition as Annexure P-3, which are elaborate and
detailed objections. A perusal of these objections would show that all the
objections are pertaining to grounds taken on the merits of the award and not
on jurisdiction and in fact, the petitioner while filing the objections in the
execution petition has so stated that the award is perverse and patently
illegal and is liable to be set aside under Section 34 (2A) and 34(2)(b) (ii) of
the Arbitration Act, 1996 and later on withdrew the same on the ground of
technical defect. Therefore, on this issue the learned Executing Court rightly
observed that it cannot go beyond the award itself and the same is
executable.
19. The primary argument raised by the learned Senior Counsel for
the petitioner that even if the nomenclature used in Annexure P-1 is an
‘award’ but the same is not executable because the Sole Arbitrator was
required to refer the matter back to the Facilitation Council for passing of the
award was based upon the judgment passed by a Coordinate Bench of this
Court in Indian Oil Corporation Limited’s case (supra) wherein it was
observed that such award was not enforceable because it had to be reverted
back to the Facilitation Council. The relevant portion of the aforesaid
judgment in Indian Oil Corporation Limited’s case (supra) is reproduced as
under:-
“125. In view of the above, there is no prohibition in the
engagement of an arbitrator/ expert/ facilitator, as the case
may be, under the Act of 2006 or the Rules framed
thereunder, for submission of a report to the Facilitation
Council. The Arbitrator so appointed is however not
competent to pass an enforceable award as no such power
has been conferred upon him under the Rules or the
statutory scheme and only the Council is competent to pass
CR-5403-2025 (O&M) -13-
the final award. Since the arbitrator/expert/facilitator is
only acting under the aegis of the Council, which is in fact
the Arbitrator, the adjudication has to be done by it. If any
such award has actually been passed by the Sole
Arbitrator, the same is thus beyond the terms of
engagement even as per the respondents themselves.
xxx-xxx-xxx-xxx
178(xiv) The petitions noticed above and where the award
has been passed by the Arbitrator/Expert/Facilitator
engaged by the Facilitation Council in exercise of the
powers conferred under Section 26 of the Act of 2006
cannot be held to be an enforceable award. The same can
at best be construed only as a report for consideration by
the Facilitation Council to pass the final award after
granting an opportunity of hearing to the respective
parties. Such awards as may have been passed by the Sole
Arbitrator are thus set aside, along with all consequential
proceedings, at this stage, and are declared to be only a
report for consideration by the Facilitation Council.”
xxx-xxx-xxx-xxx
20. The Coordinate Bench in the aforesaid judgment had relied
upon the Haryana Micro and Small Enterprises Facilitation Council Rules,
2007, wherein as per Rule 4(19), it has been provided that
the Council shall
make an arbitral award in accordance with Section 31 of the Arbitration and
Conciliation Act, 1996. The aforesaid Rule is reproduced as under:-
“4(19)- The Council shall make an arbitral award in
accordance with section 31 of the Arbitration and
Conciliation Act 1996, (26 of 1996) and within the time
specified in sub-section (5) of section 18 of the Act. The
award shall be stamped in accordance with the relevant
law in force. Copies of the award shall be made available
within seven days of filing of an application.”
CR-5403-2025 (O&M) -14-
21. The aforesaid Rules were later on amended in the year 2021 in
which similar provision was incorporated under Rule 7 but since the award
was made in year 2020, the Rules of 2007 were relied upon. In the aforesaid
judgment, although it was held that no award can be passed by any
Arbitrator/Expert/Facilitator and the matter has to be referred back to the
Facilitation Council but the aforesaid judgement was decided on 01.08.2023,
whereas later on in the year 2025 i.e. on 22.01.2025, Hon’ble Supreme Court
while dealing with the issue in M/s Tamil Nadu Cements Corporation
Limited’s case (supra) referred the issue to a Larger Bench of five Judges.
22. The learned Additional District Judge in the impugned order
also dealt with this argument raised by the petitioner with regard to the
enforceability of the award and referred to the judgment passed by Hon’ble
Supreme Court in M/s Tamil Nadu Cements Corporation Limited’s case
(supra), wherein the issue involved has been referred for constitution of a
Larger Bench and therefore, dismissed the objections filed by the petitioner.
23. The issue as to whether the award under execution is executable
or not cannot be gone into by this Court at this stage because of the pending
reference in M/s Tamil Nadu Cements Corporation Limited’s case (supra),
wherein the aforesaid issue raised by the petitioner with regard to
enforcibility of the award is pending and the learned Additional District
Judge has rightly dealt with the aforesaid argument raised by the petitioner.
Therefore, this Court does not find any ground to interfere with or set aside
the impugned order dated 28.07.2025 (Annexure P-4). The relevant portion
of the aforeaid judgment is reproduced as under:-
“19. In the light of the aforesaid decisions, we deem it
appropriate to refer the following questions raised in the
present appeal to a larger Bench of five Judges, namely:
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(i) Whether the ratio in M/s India Glycols Limited (supra)
that a writ petition could never be entertained against any
order/award of the MSEFC, completely bars or prohibits
maintainability of the writ petition before the High Court?
(ii) If the bar/prohibition is not absolute, when and under
what circumstances will be principle/restriction of adequate
alternative remedy not apply?
(iii) Whether the members of MSEFC who undertake
conciliation proceedings, upon failure, can themselves act
as arbitrators of the arbitral tribunal in terms of Section
18 of the MSMED Act read with Section 80 of the A&C Act?
The first and second question will subsume the question of
when and in what situation a writ petition can be
entertained against an order/award passed by MSEFC
acting as an arbitral tribunal or conciliator.”
24. So far as the second issue with regard to entertainablility of the
present revision petition is concerned, the same deserves to be tested on the
anvil of the facts and circumstances of the present case. In the present case,
once the award was passed, the same was open to challenge before the
competent Court by way of filing of objections under Section 34 of the
Arbitration Act, 1996, which is a specific statutory remedy provided under
the Act against an arbitral award. The petitioner after having invoked the
aforesaid remedy under Section 34 of the Arbitration Act, 1996 had
withdrawn the said objections and had thereafter filed the present revision
petition challenging the impugned order passed by the Executing Court
dismissing his objections to the execution petition. Therefore, the petitioner
after having withdrawn the aforesaid objections cannot be permitted to re-
agitate the very same grounds by invoking the extra ordinary powers of this
Court under Article 227 of the Constitution of India. Article 227 confers a
power of superintendence over all Courts by the High Court, but the said
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superintendence by the High Court cannot be extended to assume appellate
jurisdiction or an alternative remedy to the statutory remedy already
available under the statute which was abandoned by the petitioner.
25. Once the petitioner had withdrawn the objections under the
Section 34 of the Arbitration Act, 1996 and the objections to execution has
already been dismissed, allowing the petitioner to re-agitate the same
grounds under Article 227 would amount to permitting the petitioner to
approbate and reprobate and would amount to an abuse of the process of
law. The supervisory jurisdiction under Article 227 being discretionary and
equitable ought not to be exercised in favour of a litigant who has by
withdrawing the objections abandoned the statutory remedy and now seeks
to circumvent the consequences of that withdrawal. Therefore, the petitioner
after having withdrawn objections under Section 34 of the Arbitration Act,
1996 could not have filed the present revision petition by invoking Article
227 of the Constitution of India as the same was not entertainable as the
petitioner is estopped from doing so because it creates an embargo upon it.
Moreso, the petitioner did not comply with the provisions of Section 19 of
the MSMED Act, 2006 at the time of filing objections under Section 34 of
the Arbitration Act, 1996 while not depositing 75% of the awarded amount.
26. So far as the reliance placed by the learned Senior Counsel for
the petitioner upon the judgment of Hon’ble Supreme Court in Bhadra
International (India) Pvt. Ltd. and others's case (supra) is concerned, the
same is not applicable to the present facts and circumstances of the present
case since the aforesaid judgment was pertaining to the aspect of unilateral
appointment of Arbitrator and its effect under Section 12(5) of the
Arbitration Act, 1996. Therefore, the present petition filed under Article 227
CR-5403-2025 (O&M) -17-
of the Constitution of India is not enterainable. The petitioner after having
participated before the learned Arbitrator and contesting the claim and
thereafter, when the objections were filed by it to the execution under
Section 36 of the Arbitration Act, 1996 having referred to Annexure P-1 by
terming it as an ‘award’ could not have now turn around to contend that the
same was not an award. It is a settled proposition of law that when an award
is without jurisdiction then a plea can be taken regarding jurisdiction at any
stage but in the facts and circumstances of the present case, the petitioner
after having participated in the arbitral proceedings and thereafter,
withdrawing the objections under Section 34 of the Arbitration Act, 1996
cannot now assail the award by invoking the jurisdiction of this Court under
Article 227 of the Constitution of India as the same would amount to forum
convenience. Therefore, this Court is of the considered view that in the facts
and circumstances of the present case, the present revision petition is not
entertainable.
27. Consequently, the present Civil Revision Petition is hereby
dismissed.
15.05.2026 (JASGURPREET SINGH PURI)
rakesh JUDGE
Whether speaking : Yes/No
Whether reportable : Yes/No
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