The court held that the arbitration appeal filed to challenge the arbitral award directly was not maintainable under Section 37 of the Arbitration and Conciliation Act, 1996, as appeals lie only against court orders setting aside such awards.
Appeal disposed of on grounds of non-maintainability.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
rng
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
APPELLATE CIVIL JURISDICTION
ARBITRATION APPEAL NO.19 OF 2008
Madhusudan Goswami .. Appellant
Vs.
STCI Commodities Ltd .. Respondent no.1
Union of India .. Respondent no.2
Mr.Durgesh Gupta i.b Law Competere Consultus for
Appellant
Mr.Y.K.Sharma for Respondent no.1
CORAM : DR.D.Y.CHANDRACHUD, J
DATED : 9TH JANUARY, 2009
P.C.
1. An appeal under the Arbitration and
Conciliation Act, 1996 has been filed in order to
challenge an arbitral award dated 12th March, 2008
of the Arbitral Tribunal. In view of the
provisions of section 34, an appeal would not be
maintainable for the purposes of challenging the
arbitral award since under the provisions of
section 37 of the Act, an appeal lies against the
original decree of the Court setting aside or
refusing to set aside the arbitral award under
section 34. The Arbitration Appeal is accordingly
disposed of on the ground that it is not
maintainable leaving it open to the appellant to
take recourse to such remedies as are available in
law. In the event the appellant does so, all
questions including the question of limitation are
kept open.
{ Dr.D.Y.Chandrachud, J }
.PL60
1 issue framed by the court
Whether an appeal under the Arbitration and Conciliation Act, 1996 is maintainable against an arbitral award itself.
1 provisions across 1 enactments
Madhusudan Goswami
STCI Commodities Ltd
Union of India
D.Y.Chandrachud
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court