IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 29TH JULY 2009 / 7TH SRAVANA 1931 RP.No. 1162 of 2008 ----------------------------- (AGAINST THE ORDER IN AR.NO.41/2005 DATED 22/02/2006) .................... REVIEW PETITIONER/PETITIONER: -------------------------------------------------- SANJAY GUPTA, DOOR NO.41/3089, ST.VINCENT CROSS ROAD, ERNAKULAM, NOW RESIDING AT HOUSE NO.285, KRIPA HOUSE, CHANDRA NAGAR.P.O, PALAKKAD. BY ADVS. MR.A.N.RAJAN BABU, MR.P.GOPALAKRISHNAN (MVA), MR.A.R.EASWAR LAL. RESPONDENT: --------------------- THE KERALA STATE INDUSTRIAL DEVELOPMENT CORPORATION LIMITED, KESTON ROAD, KOWDIAR, TRIVANDRUM. BY MR. M.PATHROSE MATTHAI, SENIOR ADVOCATE, ADVS. SMT.MARIAM MATHAI, MR.SAJI VARGHESE. THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 29/07/2009,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. THOTTATHIL B. RADHAKRISHNAN, J ........................................... RP.NO. 1162 OF 2008 ............................................ DATED THIS THE 29TH DAY OF JULY, 2009 ORDER “C R” This petition is filed for seeking review of an order issued by the nominee of the Honourable the Chief Justice of this Court, in exercise of the power under Section 11 of the Arbitration and Conciliation Act, 1996, hereinafter referred to as the `Act'. The said statute is a comprehensive one and is not one which confers power on the High Court to pass any order under Section 11. The power is with the Chief Justice of the High Court to take such measure as may be necessary when the request for such measure is made in relation to an arbitration agreement, which does not relate to an international arbitration. The Chief Justice is empowered under the Act to have a nominee which may be even an institution de hors the High Court. Therefore, it is crystal clear that the request under Section 11 does not lie to the High Court. Even when a Judge of the High Court acts as the nominee of the Chief Justice, he acts merely as a statutory authority as RP 1162/2008 2 designated by the Chief Justice in terms of Section 11 of the Act. Therefore, unless a power of review is expressly conferred under the Act itself, the general power of review as may be available to the High Court under other jurisdictions; civil, criminal or writ; cannot be extended to review the earlier order issued by Chief Justice or his nominee. For this reason, this review petition is not maintainable and the same is accordingly dismissed. THOTTATHIL B RADHAKRISHNAN, JUDGE lgk/30/7