Punjab Agro Foodgrains Corporation … vs Harshit Rice And General Mills And … on 27 February, 2026

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    Punjab-Haryana High Court

    Punjab Agro Foodgrains Corporation … vs Harshit Rice And General Mills And … on 27 February, 2026

    Author: Jasgurpreet Singh Puri

    Bench: Jasgurpreet Singh Puri

    CR-1423-2026                                                       -1-
    
    
    
    
    113
                IN THE HIGH COURT OF PUNJAB AND HARYANA
                            AT CHANDIGARH
    
                                                                      CR-1423-2026
                                                        Date of decision: 27.02.2026
    
    PUNJAB AGRO FOODGRAINS CORPORATION LIMITED
                                             ...Petitioner(s)
    
                                       VERSUS
    
    M/S HARSHIT RICE AND GENERAL MILLS AND ANOTHER
                                              ...Respondent(s)
    
    CORAM: HON'BLE MR. JUSTICE JASGURPREET SINGH PURI
    
    Present:-   Mr. Somesh Gupta, Advocate
                for the petitioner.
    
                      ****
    
    JASGURPREET SINGH PURI, J. (Oral)
    

    1. The present Civil Revision Petition has been filed under Article

    227 of the Constitution of India for setting aside the order dated 31.01.2026

    SPONSORED

    (Annexure P-8) passed by the learned Sole Arbitrator, vide which the

    application of the petitioner seeking permission to lead additional evidence has

    been dismissed being not maintainable.

    2. Learned counsel for the petitioner submitted that the dispute

    between the parties is pending before the learned Sole Arbitrator and the

    petitioner, who is the claimant in the arbitral proceedings had filed an

    application seeking permission to lead additional evidence by taking various

    grounds but the same has been dismissed by the learned Sole Arbitrator vide

    impugned order dated 31.01.2026 (Annexure P-8). He further submitted that

    there was a necessity to lead additional evidence because the grounds which

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    were taken relate to the core controversy involved in the dispute pending before

    the learned Sole Arbitrator. He further submitted that the relevant record is with

    the third Agency i.e. the Food Corporation of India (FCI) and since the said

    record is directly connected with the controversy involved, the application

    seeking permission to lead additional evidence was required to have been

    allowed by the learned Sole Arbitrator and therefore, the aforesaid impugned

    order passed by the learned Sole Arbitrator is erroneous. He also submitted that

    since the impugned order has been passed by the learned Sole Arbitrator before

    whom the arbitral proceedings are pending, the petitioner has preferred the

    present petition under Article 227 of the Constitution of India seeking setting

    aside of the said order.

    3. I have heard the learned counsel for the petitioner.

    4. The petitioner seeks to invoke the supervisory jurisdiction of this

    Court under Article 227 of the Constitution of India by filing the present Civil

    Revision Petition. The dispute between the parties is already pending

    adjudication before the learned Sole Arbitrator, wherein an application filed by

    the petitioner/claimant seeking permission to lead additional evidence was

    dismissed. A perusal of the aforesaid impugned order shows that the same is a

    detailed order passed by the learned Sole Arbitrator.

    5. During the course of arguments, a query was raised to the learned

    counsel for the petitioner as to how the present petition under Article 227 of the

    Constitution of India would be maintainable or entertainable before this Court,

    to which he could not offer any answer. Therefore, this Court would proceed on

    the basis of the settled law in this regard.

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    6. A Seven Judge Constitution Bench of Hon’ble Supreme Court in

    M/s SBP & Co. versus Patel Engineering Ltd. & Another, (2005) 8 SCC 618

    while dealing with the nature of the orders passed under Section 11 of the

    Arbitration Act discussed the scope of judicial intervention in paras No.45, 46

    & 47(vi) of the judgment. It was so observed that Arbitral Tribunal is a creation

    of an Agreement between the parties even though it is constituted on the basis

    of order passed by the Chief Justice/High Court if any occasion arises but the

    parties submit themselves to the Arbitrator on the basis of Agreement between

    the parties which is therefore contractual in nature. Rationale and objective of

    minimising the judicial intervention was also discussed. In the concluding part,

    it was so observed that once the matter reaches Arbitral Tribunal or Sole

    Arbitrator then the High Court would not interfere with the order passed by

    Arbitrator or Arbitral Tribunal during the course of the arbitration proceedings

    and the parties could approach the Court only in terms of Section 37 of the

    Arbitration Act or in terms of Section 34 of the Arbitration Act. Paras No.45, 46

    & 47(vi) are reproduced as under:-

    “45. It is seen that some High Courts have proceeded on the
    basis that any order passed by an Arbitral Tribunal during
    arbitration, would be capable of being challenged under Article
    226
    or 227 of the Constitution. We see no warrant for such an
    approach. Section 37 makes certain orders of the Arbitral Tribunal
    appealable. Under Section 34, the aggrieved party has an avenue
    for ventilating its grievances against the award including any in-
    between orders that might have been passed by the Arbitral
    Tribunal acting under Section 16 of the Act. The party aggrieved
    by any order of the Arbitral Tribunal, unless has a right of appeal
    under Section 37 of the Act, has to wait until the award is passed

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    by the Tribunal. This appears to be the scheme of the Act. The
    Arbitral Tribunal is, after all, a creature of a contract between the
    parties, the arbitration agreement, even though, if the occasion
    arises, the Chief Justice may constitute it based on the contract
    between the parties. But that would not alter the status of the
    Arbitral Tribunal. It will still be a forum chosen by the parties by
    agreement. We, therefore, disapprove of the stand adopted by some
    of the High Courts that any order passed by the Arbitral Tribunal
    is capable of being corrected by the High Court under Article 226
    or 227 of the Constitution. Such an intervention by the High
    Courts is not permissible.

    46. The object of minimising judicial intervention while the
    matter is in the process of being arbitrated upon, will certainly be
    defeated if the High Court could be approached under Article 227
    or under Article 226 of the Constitution against every order made
    by the Arbitral Tribunal. Therefore, it is necessary to indicate that
    once the arbitration has commenced in the Arbitral Tribunal,
    parties have to wait until the award is pronounced unless, of
    course, a right of appeal is available to them under Section 37 of
    the Act even at an earlier stage.

    47. We, therefore, sum up our conclusions as follows:

    (i) to (v) xx xx xx xx

    (vi) Once the matter reaches the Arbitral Tribunal or the sole
    arbitrator, the High Court would not interfere with the orders
    passed by the arbitrator or the Arbitral Tribunal during the course
    of the arbitration proceedings and the parties could approach the
    Court only in terms of Section 37 of the Act or in terms of Section
    34
    of the Act. (vii) to (xii) xx xx xx xx”

    7. In M/s Deep Industries Limited versus Oil and Natural Gas

    Corporation Limited and another, 2020 (15) SCC 706 order passed by the

    learned Arbitral Tribunal under Section 17 of the Arbitration Act for staying the

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    black-listing order was challenged before the learned City Civil Court which

    dismissed the appeal under Section 37 of the Arbitration Act. This order under

    Section 37 of the Arbitration Act was challenged under Article 227 of the

    Constitution of India and it was allowed by the High Court and the order of the

    City Civil Court was set aside. Thereafter, the Contractor assailed the same

    before Hon’ble Supreme Court in the aforesaid judgment. Argument was raised

    regarding the maintainability of filing the said petition under Article 227 of the

    Constitution of India by referring to Section 5 of the Arbitration Act as well as

    the judgment of Hon’ble Supreme Court in M/s SBP & Company versus Patel

    Engineering Ltd. & Another’s case (Supra). Another argument was also raised

    by the appellant that it was not a case of lack of jurisdiction. Hon’ble Supreme

    Court held that against the order of Section 37 of the Arbitration Act, no petition

    under Article 226 & 227 of the Constitution of India can be filed. It was further

    held that although Article 227 of the Constitution of India remained untouched

    by the provisions of Section 5 of the Arbitration Act but it is only when the

    orders that lack patent inherent jurisdiction that the provisions of Article 227 of

    the Constitution of India can be invoked. It was also discussed that the

    legislative policy pertaining to general revisional jurisdiction under Section 115

    of the Code of Civil Procedure that revision under Section 115 of the Code of

    Civil Procedure lies only against the final order and not against the

    interlocutory orders, is also relevant. In the present petition as well, the

    impugned orders are not the final orders and are only interlocutory or

    procedural orders. Para Nos.16, 17 & 24 are reproduced as under:-

    “16. Most significant of all is the non-obstante clause
    contained in Section 5 which states that notwithstanding anything

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    contained in any other law, in matters that arise under Part I of the
    Arbitration Act
    , no judicial authority shall intervene except where
    so provided in this Part. Section 37 grants a constricted right of
    first appeal against certain judgments and orders and no others.
    Further, the statutory mandate also provides for one bite at the
    cherry, and interdicts a second appeal being filed (See Section
    37(2)
    of the Act)

    17. This being the case, there is no doubt whatsoever that if
    petitions were to be filed under Articles 226/227 of the
    Constitution against orders passed in appeals under Section 37,
    the entire arbitral process would be derailed and would not come
    to fruition for many years. At the same time, we cannot forget that
    Article 227 is a constitutional provision which remains untouched
    by the non-obstante clause of Section 5 of the Act. In these
    circumstances, what is important to note is that though petitions
    can be filed under Article 227 against judgments allowing or
    dismissing first appeals under Section 37 of the Act, yet the High
    Court would be extremely circumspect in interfering with the same,
    taking into account the statutory policy as adumbrated by us
    herein above so that interference is restricted to orders that are
    passed which are patently lacking in inherent jurisdiction.

    xx xx xx xx

    24. Mr Rohatgi is also correct in pointing out that the
    legislative policy qua the general revisional jurisdiction that is
    contained by the amendments made to Section 115 CPC should
    also be kept in mind when the High Courts dispose of petitions
    filed under Article 227. The legislative policy is that no revision
    lies if an alternative remedy of appeal is available. Further, even
    when a revision does lie, it lies only against a final disposal of the
    entire matter and not against interlocutory orders. These
    amendments were considered in Tek Singh v. Shashi Verma 18 in

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    which this Court adverted to these amendments and then stated:

    (SCC p. 681, paras 5-6)
    “5. ……A reading of this proviso will show that, after 1999,
    revision petitions filed under Section 115 CPC are not
    maintainable against interlocutory orders.

    6. …..Even otherwise, it is well settled that the revisional
    jurisdiction under Section 115 CPC is to be exercised to
    correct jurisdictional errors only. This is well settled. In
    DLF Housing & Construction Co. (P) Ltd. v. Sarup Singh 19
    this Court held: (SCC pp. 811-12, para 5)
    “5. …The position thus seems to be firmly established that
    while exercising the jurisdiction under Section 115, it is not
    competent to the High Court to correct errors of fact
    however gross or even errors of law unless the said errors
    have relation to the jurisdiction of the Court to try the
    dispute itself. Clauses (a) and (b) of this section on their
    plain reading quite clearly do not cover the present case. It
    was not contended, as indeed it was not possible to contend,
    that the learned Additional District Judge had either
    exercised a jurisdiction not vested in him by law or had
    failed to exercise a jurisdiction so vested in him, in
    recording the order that the proceedings under reference be
    stayed till the decision of the appeal by the High Court in the
    proceedings for specific performance of the agreement in
    question. Clause (c) also does not seem to apply to the case
    in hand. The words “illegally” and “with material
    irregularity” as used in this clause do not cover either errors
    of fact or of law; they do not refer to the decision arrived at
    but merely to the manner in which it is reached. The errors
    contemplated by this clause may, in our view, relate either to
    breach of some provision of law or to material defects of
    procedure affecting the ultimate decision. and not to errors

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    either of fact or of law, after the prescribed formalities have
    been complied with. The High Court does not seem to have
    adverted to the limitation imposed on its power under
    Section 115 of the Code. Merely because the High Court
    would have felt inclined, had it dealt with the matter
    initially, to come to a different conclusion on the question of
    continuing stay of the reference proceedings pending
    decision of the appeal, could hardly justify interference on
    revision under Section 115 of the Code when there was no
    illegality or material irregularity committed by the learned
    Additional District Judge in his manner of dealing with this
    question. It seems to us that in this matter the High Court
    treated the revision virtually as if it was an appeal.”

    8. In Bhaven Construction through Authorized Signatory Premji

    Bhai K. Shah versus Executive Engineers, Sardar Sarovar Narmada Nigam

    Limited and another, (2022) 1 SCC 75 an application was filed before learned

    Arbitrator under Section 16 of the Arbitration Act disputing the appointment of

    Sole Arbitrator. Against the aforesaid order in the application of Section 16 of

    the Arbitration Act, a petition under Articles 226/227 of the Constitution of

    India was filed in the High Court and the learned Single Judge dismissed the

    same. However, on assailing the same by filing a Letter Patent Appeal, it was

    allowed and thereafter, an SLP was filed, wherein it was observed that in

    exceptional rarity when a party is left remediless under a statute or there is a

    clear bad faith then the provisions of Articles 226/227 of the Constitution of

    India can be resorted. Para Nos.11, 12, 13, 14, 18, 19 & 20 are reproduced as

    under:-

    11. Having heard both the parties and perusing the material
    available on record, the question which needs to be

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    answered is whether the arbitral process could be interfered
    under Articles 226/227 of the Constitution, and under what
    circumstance?

    12. We need to note that the Arbitration Act is a code in
    itself. This phrase is not merely perfunctory, but has definite
    legal consequences. One such consequence is spelled out
    under section 5 of the Arbitration Act, which reads as under

    “5. Extent of judicial intervention.- Notwithstanding
    anything contained in any other law for the time being
    in force, in matters governed by this Part, no judicial
    authority shall intervene except where so provided in
    this Part.”

    (emphasis supplied)

    The non-obstante clause is provided to uphold the
    intention of the legislature as provided in the Preamble to
    adopt UNCITRAL Model Law and Rules, to reduce excessive
    judicial interference which is not contemplated under the
    Arbitration Act.

    13. The Arbitration Act itself gives various procedures
    and forums to challenge the appointment of an arbitrator.
    The framework clearly portrays an intention to address most
    of the issues within the ambit of the Act itself, without there
    being scope for any extra statutory mechanism to provide
    just and fair solutions.

    14. Any party can enter into an arbitration agreement
    for resolving any disputes capable of being arbitrable.
    Parties, while entering into such agreements, need to fulfil
    the basic ingredients provided under Section 7 of the
    Arbitration Act. Arbitration being a creature of contract,
    gives a flexible framework for the parties to agree for their
    own procedure with minimalistic stipulations under the
    Arbitration Act.

                          xx     xx     xx      xx
    
    
    
    
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     CR-1423-2026                                                         -10-
    
    
    
    
    

    18. In any case, the hierarchy in our legal framework,
    mandates that a legislative enactment cannot curtail a
    Constitutional right. In Nivedita Sharma v. Cellular
    Operators Association of India, (2011) 14 SCC 337, this
    Court referred to several judgments and held:

    “11. We have considered the respective
    arguments/submissions. There cannot be any dispute
    that the power of the High Courts to issue directions,
    orders or writs including writs in the nature of habeas
    corpus, certiorari, mandamus, quo warranto and
    prohibition under Article 226 of the Constitution is a
    basic feature of the Constitution and cannot be
    curtailed by parliamentary legislation – L. Chandra
    Kumar v. Union of India
    , (1997) 3 SCC 261. However,
    it is one thing to say that in exercise of the power
    vested in it under Article 226 of the Constitution, the
    High Court can entertain a writ petition against any
    order passed by or action taken by the State and/or its
    agency/instrumentality or any public authority or
    order passed by a quasi-judicial body/authority, and it
    is an altogether different thing to say that each and
    every petition filed under Article 226 of the
    Constitution must be entertained by the High Court as
    a matter of course ignoring the fact that the aggrieved
    person has an effective alternative remedy. Rather, it
    is settled law that when a statutory forum is created by
    law for redressal of grievances, a writ petition should
    not be entertained ignoring the statutory
    dispensation.”

    (emphasis supplied)
    It is therefore, prudent for a Judge to not exercise
    discretion to allow judicial interference beyond the

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    procedure established under the enactment. This
    power needs to be exercised in exceptional rarity,
    wherein one party is left remediless under the statute
    or a clear ‘bad faith’ shown by one of the parties. This
    high standard set by this Court is in terms of the
    legislative intention to make the arbitration fair and
    efficient.

    19. In this context we may observe Deep Industries Ltd. v. ONGC
    wherein interplay of Section 5 of the Arbitration Act and Article
    227
    of the Constitution was analysed as under: (SCC p. 714, paras
    16-17)
    “16. Most significant of all is the non obstante clause
    contained in Section 5 which states that
    notwithstanding anything contained in any other law,
    in matters that arise under Part I of the Arbitration
    Act
    , no judicial authority shall intervene except where
    so provided in this Part. Section 37 grants a
    constricted right of first appeal against certain
    judgments and orders and no others. Further, the
    statutory mandate also provides for one bite at the
    cherry, and interdicts a second appeal being filed [see
    Section 37(2) of the Act].

    17. This being the case, there is no doubt whatsoever
    that if petitions were to be filed under Articles 226/227
    of the Constitution against orders passed in appeals
    under Section 37, the entire arbitral process would be
    derailed and would not come to fruition for many
    years. At the same time, we cannot forget that Article
    227
    is a constitutional provision which remains
    untouched by the non obstante clause of Section 5 of
    the Act. In these circumstances, what is important to
    note is that though petitions can be filed under Article

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    227 against judgments allowing or dismissing first
    appeals under Section 37 of the Act, yet the High
    Court would be extremely circumspect in interfering
    with the same, taking into account the statutory policy
    as adumbrated by us hereinabove so that interference
    is restricted to orders that are passed which are
    patently lacking in inherent jurisdiction.”

    (emphasis supplied)

    20. In the instant case, Respondent 1 has not been able to show
    exceptional circumstance or “bad faith” on the part of the
    appellant, to invoke the remedy under Article 227 of the
    Constitution. No doubt the ambit of Article 227 is broad and
    pervasive, however, the High Court should not have used its
    inherent power to interject the arbitral process at this stage. It is
    brought to our notice that subsequent to the impugned order of the
    sole arbitrator, a final award was rendered by him on merits,
    which is challenged by Respondent 1 in a separate Section 34
    application, which is pending.”

    9. Another Seven Judges Constitution Bench of Hon’ble

    Supreme Court in Interplay Between Arbitration Agreements Under

    Arbitration and Conciliation Act, 1996 and Stamp Act, 1899, in Re:, (2024) 6

    SCC 1 again while largely dealing with provisions of Section 11 of the

    Arbitration Act also discussed the provision of Section 5 of the Arbitration Act.

    It was observed that one of the objectives of the Arbitration Act was to

    minimize the supervisory role of Courts in the arbitration proceedings. The

    principle of minimum judicial interference was also discussed and it was so

    observed that the principle of judicial non-interference in arbitration

    proceedings respects the autonomy of the parties to determine the arbitral

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    procedures and this principle has also been incorporated in international

    instruments, including the New York Convention and the Model Law. Hon’ble

    Supreme Court observed that one of the main objectives of the Arbitration Act

    is to minimize the supervisory role of Courts in the arbitral process and party

    autonomy and settlement of disputes by an arbitral tribunal are the hallmarks of

    arbitration law. Section 5 gives effect to the true intention of the parties to have

    their disputes resolved through arbitration in a quick, efficient, and effective

    manner by minimizing judicial interference in the arbitral proceedings and the

    Parliament has enacted Section 5 to minimize the supervisory role of Courts in

    the arbitral process to the bare minimum and only to the extent “so provided”

    under the Part-I of Arbitration Act. Para Nos.76, 81, 82 and 186 of the aforesaid

    judgment are reproduced as under:-

    “76. The principle of judicial non-interference in arbitral
    proceedings is fundamental to both domestic as well as
    international commercial arbitration. The principle entails
    that the arbitral proceedings are carried out pursuant to the
    agreement of the parties or under the direction of the
    tribunal without unnecessary interference by the national
    courts.61 This principle serves to proscribe judicial
    interference in arbitral proceedings, which would undermine
    the objective of the parties in agreeing to arbitrate their
    disputes, their desire for less formal and more flexible
    procedures, and their desire for neutral and expert arbitral
    procedures.62 The principle of judicial non- interference in
    arbitral proceedings respects the autonomy of the parties to
    determine the arbitral procedures. This principle has also
    been incorporated in international instruments, including
    the New York Convention and the Model Law.

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    xx xx xx xx

    81. One of the main objectives of the Arbitration Act is to
    minimize the supervisory role of courts in the arbitral
    process. Party autonomy and settlement of disputes by an
    arbitral tribunal are the hallmarks of arbitration law.
    Section 5 gives effect to the true intention of the parties to
    have their disputes resolved through arbitration in a quick,
    efficient, and effective manner by minimizing judicial
    interference in the arbitral proceedings. Parliament enacted
    Section 5 to minimize the supervisory role of courts in the
    arbitral process to the bare minimum, and only to the extent
    so provided” under the Part I of Arbitration. In doing so, the
    legislature did not altogether exclude the role of courts or
    judicial authorities in arbitral proceedings, but limited it to
    circumstances where the support of judicial authorities is
    required for the successful implementation and enforcement
    of the arbitral process. The Arbitration Act envisages the
    role of courts to “support arbitration process” by providing
    necessary aid and assistance when required by law in
    certain situations.

    82. Section 5 begins with the expression “notwithstanding
    anything contained in any other law for the time being in
    force.” The non-obstante clause is Parliament’s addition to
    the Article 5 of the Model Law. It is of a wide amplitude and
    sets forth the legislative intent of limiting judicial
    intervention during the arbitral process. In the context of
    Section 5, this means that the provisions contained in Part I
    of the Arbitration Act
    ought to be given full effect and
    operation irrespective of any other law for the time being in
    force. It is now an established proposition of law that the
    legislature uses non-obstante clauses to remove all
    obstructions which might arise out of the provisions of any

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    other law, which stand in the way of the operation of the
    legislation which incorporates the non-obstante clause.

    xx xx xx xx

    186. Section 5 is effectively rendered otiose by the
    interpretation given to it in N.N. Global (2). The Court failed
    to provide a reason for holding that Section 5 of the
    Arbitration Act does not have the effect of excluding the
    operation of Sections 33 and 35 of the Stamp Act in
    proceedings under Section 11 of the Arbitration Act. The non
    obstante clause in Section 5 does precisely this. In addition
    to the effect of the non obstante clause, the Arbitration Act is
    a special law. We must also be cognizant of the fact that one
    of objectives of the Arbitration Act was to minimise the
    supervisory role of Courts in the arbitral process.”

    10. The doctrine of minimal judicial intervention is not only a well-

    accepted principle but is also a statutory provision under Section 5 of the

    Arbitration and Conciliation Act, 1996. The said principle of minimal judicial

    intervention has been acknowledged and well-accepted by Hon’ble Supreme

    Court as discussed above.

    11. Section 5 of the Arbitration and Conciliation Act, 1996, is

    reproduced as under:-

    “5. Extent of judicial intervention.–Notwithstanding
    anything contained in any other law for the time being in
    force, in matters governed by this Part, no judicial authority
    shall intervene except where so provided in this Part.”

    12. This Court also had an occasion to deal with the aforesaid

    proposition of law in Jalandhar Improvement Trust and others versus

    Shourya Towers Private Limited, CR-6014-2025, decided on 06.11.2025. The

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    relevant portion of the aforesaid judgment passed by this Court is also

    reproduced as under:-

    “42. Hon’ble Supreme Court in the aforesaid
    judgments has given large impetus to the provision of
    Section 5 of the Arbitration Act which provides for a non
    obstante clause. This is so clear from both the judgments
    passed by Seven-Judges Constitution Bench of Hon’ble
    Supreme Court in M/s SBP & Company Vs. Patel
    Engineering Ltd. & Another’s case (Supra) and Interplay
    Between Arbitration Agreements Under Arbitration and
    Conciliation Act, 1996 and Stamp Act, 1899, in Re:

    (Supra). On the proposition of law with regard to the
    judicial interference, both the learned Senior Counsels for
    the parties have not disputed that the jurisdiction of the High
    Court under Article 226 and 227 of the Constitution of India
    cannot be taken away even if there is a contrary provision in
    any statute. However, it was the submission of the learned
    Senior Counsel for the respondent that it was not a case of
    maintainability of the present revision but it is a case of
    entertainability of the present petition in the facts and
    circumstances of the present case because with the operation
    of the provisions of Section 23(4) of the Arbitration Act, the
    aforesaid right had to be forfeited by the operation of law
    and this was precisely what was done by learned Arbitral
    Tribunal.

    43. In M/s Deep Industries Limited‘s case (Supra) which
    was referred to by both the learned Senior Counsels for the
    parties, it was a case of an order being passed under Section
    17
    of the Arbitration Act by the learned Arbitral Tribunal
    against which an appeal was filed under Section 37 of the
    Arbitration Act and that order under Section 37 of the
    Arbitration Act was challenged under Article 227 of the

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    Constitution of India which was allowed by the High Court
    and the order of the City Civil Court was set aside. It was
    held by Hon’ble Supreme Court that Article 227 of the
    Constitution of India remained untouched by Section 5 of the
    Arbitration Act but the provision of Article 227 of the
    Constitution of India can be invoked only when there is
    patent lack of inherent jurisdiction. Similarly, in Bhaven
    Construction
    ‘s case (Supra), again it was so held that it is
    only in exceptional rarity that the party is left remediless or
    there is clear bad faith only then intervention can be done
    under Article 227 of the Constitution of India.”

    13. The facts and circumstances of the present case would show that

    the petitioner/claimant had filed an application seeking permission to lead

    additional evidence, which was dismissed by the learned Sole Arbitrator and

    thereafter, the petitioner has straightaway filed the present petition before this

    Court. In view of the aforesaid facts and circumstances, this Court is of the

    considered view that none of the aforementioned parameters are fulfilled as

    neither has any jurisdictional error been committed by the learned Sole

    Arbitrator nor does the matter fall within the category of exceptional rarity and

    therefore, entertaining such a petition would be contrary to the basic spirit of

    the Arbitration and Conciliation Act, 1996 relating to minimal judicial

    intervention and the law laid down by Hon’ble Supreme Court as aforesaid.

    14. Consequently, the present Civil Revision Petition is dismissed with

    costs of Rs.10,000/- (Rupees Ten Thousand). The petitioner is hereby directed

    to deposit the aforesaid costs with the High Court Legal Services Committee,

    within a period of three months from today and thereafter, furnish the receipt of

    such deposit to the Registry of the Court. In case the aforesaid costs are not

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    deposited by the petitioner within the stipulated period, then this Court will

    further proceed in accordance with law, including recovery of the same as

    arrears of land revenue and if the receipt of the aforesaid costs is not furnished

    by the petitioner to the Registry of the Court within three months, then the

    Registry shall list this case for compliance purposes after three months.

    
    
    
    
                                                      (JASGURPREET SINGH PURI)
    27.02.2026                                                JUDGE
    Chetan Thakur
    
    
                    Whether speaking/reasoned         :    Yes/No
                    Whether reportable                :    Yes/No
    
    
    
    
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