Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | r.1 Code of Civil Procedure 1908 – Or. XLVII |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Constitution of India, Arbitration and Conciliation Act, 1996 (26 of 1996) Code of Civil Procedure, 1908 (5 of 1908) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Petition Dismissed |
Headnote | Code of Civil Procedure, 1908 – Or. XLVII, r.1 – Review –Scope of – Civil Appeals filed by the Review Petitioner were dismissedvide judgment dtd. 10.08.2021 inter alia holding that foreign awardcould be enforced against non-signatories to the arbitrationagreement and that the only ground on which its enforcement couldbe resisted or refused are contained in s.48, Arbitration andConciliation Act – It also held that the canvas of s.46 is wider thanthat of s.35 and would apply to all the persons who are not evenparties to the Arbitration Agreement – It further held that tortiousdispute can also be referred to arbitration – Review sought – Held:A power to review cannot be exercised as an appellate power andhas to be strictly confined to the scope and ambit of Or. XLVII, r.1,CPC – An error on the face of record must be such an error which,mere looking at the record should strike and it should not requireany long-drawn process of reasoning on the points where theremay conceivably be two opinions – In the present case, 18 groundswere raised in the review petitions – All the grounds taken in thereview were discussed in detail in the judgment dtd. 10.08.2021and findings were returned not accepting the claim of the ReviewPetitioner – Each and every argument having been considered inthe judgment, the arguments advanced if accepted would result inexpressing a different opinion on the points raised and decided,which does not fall within the settled contours of Or. XLVII, r.1 CPCrelating to error apparent on the face of record – No ground toallow the review petitions – Constitution of India – Article 137,145 – Supreme Court Rules, 2013 – Or. XLVII – Arbitration andConciliation Act, 1996 – ss.35, 44-49. |
Judge | Hon'ble Mr. Justice Vikram Nath |
Neutral Citation | 2023 INSC 610 |
Petitioner | Arun Dev Upadhyaya |
Respondent | Integrated Sales Service Ltd. & Anr. |
SCR | [2023] 10 S.C.R. 724 |
Judgement Date | 2023-07-05 |
Case Number | 8345-8346 |
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