The Court disposed of an arbitration appeal as not maintainable, holding that under section 37 of the Arbitration and Conciliation Act, 1996, an appeal lies only against a court decree setting aside an award, not directly against the award itself.
The Arbitration Appeal was disposed of on the ground that it is not maintainable.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
APPELLATE CIVIL JURISDICTION
ARBITRATION APPEAL NO.20 OF 2008
Pratap Sharma .. 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 against an arbitral award is maintainable directly under section 37 of the Arbitration and Conciliation Act, 1996.
2 provisions across 1 enactments
Pratap Sharma
STCI Commodities Ltd.
Union of India
Dr. D. Y. Chandrachud
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court