Can commercial court dismissal of Section 34 Arbitration Act plea be challenged via writ plea? Delhi High Court answers

The Delhi High Court has ruled that a writ petition under Article 227 of the Constitution is maintainable against a commercial court’s dismissal of a Section 34 plea under the Arbitration Act. The case involved a commercial court’s refusal to set aside an arbitral award due to lack of jurisdiction. The High Court held that the District Judge’s order should be treated as a refusal to set aside an arbitral award, which can be appealed under the Arbitration and Conciliation Act. The court emphasized that Article 227 allows the High Court to exercise its power of superintendence and supervision over lower courts. This ruling clarifies the legal recourse available to parties challenging commercial court decisions and reinforces the High Court’s role in ensuring judicial oversight.