Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Commercial Division and Commercial Appellate Division of the High Courts Act 2015: s.13(1) - international arbitration Commercial Courts |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Commercial Courts, Commercial Division and Commercial Appellate Division of the High Courts Act, 2015: s.13(1) - international arbitration - Letters Patent Appeal to the Division Bench of High Court against the judgment of the Single Judge for enforcement of foreign award - Maintainability of - Held: s.13 of the Commercial Courts Act bars an appeal under Letters Patent unless an appeal is provided under the 1996 Act - s.13 has to be read in conjunction with s.5 of the Act - s.5 clearly lays down that a forum is created i.e. Commercial Appellate Division -Letters Patent Appeal cannot be invoked if s.50 of the 1996 Act does not provide for an appeal - But it does provide for an appeal - s.50 of 1996 Act provides that appeal can lie if an order is passed refusing to refer the parties lo arbitration as engrafted under s.45 of 1996 Act or to enforce a foreign award as envisaged under s.48 of the said Act -A conspectus reading of ss.5 and 13 of the Commercial Courts Act and s.50 of the 1996 Act which has remained unamended leads to the irresistible conclusion that a Letters Patent Appeal is maintainable before the Division Bench - it has to be treated as an appeal under s.50(l)(b) of the 1996 Act and has to be adjudicated within the said parameters - Arbitration and Conciliation Act, 1996 - s.50 - Appeal - Letters Patent - Maharashtra High Court (Hearing of Writ Petitions by Division Bench and Abolition of Letters Patent Appeal.i) Act, 1896 - s.3(1). |
Judge | Honble Mr. Justice Dipak Misra |
Neutral Citation | 2016 INSC 1203 |
Petitioner | Arun Dev Upadhyaya |
Respondent | Integrated Sales Service Ltd & Anr. |
SCR | [2016] 7 S.C.R. 976 |
Judgement Date | 2016-09-30 |
Case Number | 8475-8476 |
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