ARATI PAUL vs THE REGISTRAR, ORIGINAL SIDE, HIGH COURTCALCUTTA & ORS.

The Supreme Court held that when parties agree to refer disputes in a pending suit to the arbitration of a Judge, the Judge acts in a dual capacity as both an arbitrator and a court. The Court clarified that if the reference is competent under the Arbitration Act, the Judge can pass a preliminary decree in the suit, which constitutes a judgment rather than an award. Consequently, the High Court's dismissal of the writ petition seeking to withdraw the order was upheld, affirming that the order was a judgment of the Court and not merely an arbitration award.