Allahabad High Court
M/S COSMOS INTERNATIONALversusSTATE OF U.P. AND 2 OTHERS
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The High Court exercised its supervisory power under Article 227 and directed the arbitration tribunal to conclude the pending arbitration and pass the award expeditiously.
Summary
The petitioner, Cosmos International, filed a writ petition under Article 227 seeking the High Court's supervisory intervention to compel the respondent MSEFC, Meerut, to conclude arbitration proceedings (Reference No. 09/2024) and pass a final award without further adjournments. The petition also requested the Court to direct the tribunal to hold regular hearings to offset delays. The Court noted that the arbitration matter was pending and that keeping the writ petition alive would serve no useful purpose. Accordingly, the Court disposed of the petition, directing the respondent to expedite the arbitration in accordance with Section 18(5) of the MSMED Act, 2006, and to avoid unnecessary adjournments. The order emphasized the Court's supervisory jurisdiction under Article 227 and the need for prompt resolution of the arbitration.
Issues considered
- Whether the High Court can exercise its supervisory jurisdiction under Article 227 to direct an arbitration tribunal to conclude proceedings and pass a final award
- Whether the Court can order the tribunal to hold regular hearings to compensate for delay
Legislation cited
Subjects
- Article 227
- Supervisory jurisdiction
- Arbitration
- MSMED Act
- Section 18(5)
- Expeditious award
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 6822 of 2026
M/S Cosmos International
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Alok Kumar, Himanshu Tyagi
Counsel for Respondent(s) : C.S.C.
Court No. - 5
HON'BLE VIKAS BUDHWAR, J.
1. Heard Sri Alok Kumar, learned counsel for the petitioner and Ms. Arpita
Chakravorthy, learned Standing Counsel for the State.
2. In view of the order, which is being proposed to be passed today, notices
are not being issued to the private respondents.
3. The present petition has been preferred seeking the following reliefs:-
"I. issue an order or direction exercising its supervisory power under Article
227 of The Constitution of India by directing the Respondent No. 2 (MSEFC,
Meerut) to conclude the arbitration proceedings in Reference No. 09/2024
and pass a final award within a period as stipulated by the Hon'ble Court.
II. issue an order or direction exercising its supervisory power under Article
227 of The Constitution of India by directing Respondent No. 2 to hold
regular/day-to-day hearing to compensate for the delay already caused."
4. Learned counsel prayed that the said case may be decided, expeditiously.
5. Since the above-mentioned case is pending, no useful purpose would be
served in keeping this petition pending.
6. In view of the above, this writ petition stands disposed of with a direction
to the Respondent No. 2 (MSEFC, Meerut) to conclude the arbitration
proceedings in Reference No. 09/2024, expeditiously, in view of the
mandate contained in Section 18(5) of the MSMED Act, 2006, without
A227 No. 6822 of 2026
2
granting any unnecessary adjournments, subject to legal impediment.
May 18, 2026
N.S.Rathour
(Vikas Budhwar,J.)
Digitally signed by :-
NIPENDRA SINGH RATHOUR
High Court of Judicature at Allahabad
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