The Bombay High Court dismissed an appeal challenging the quring of arbitration proceedings under Section 34 of the Act. The court held the appeal was not maintainable as the Single Judge's order was well-reasoned, citing relevant precedents.
Appeal dismissed as not maintainable.
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.
1
25-app-273.17.doc
Shridhar Sutar
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
APPEAL NO. 273 OF 2017 IN ARBITRATION PETITION NO. 193 OF 2017 IN ARBITRATION CASE NO. A-5/2015-16 WITH NOTICE OF MOTION NO. 1420 OF 2017
M/s. Samrat Exports
… Appellant
Versus
M/s. Balgopal Textiles Pvt. Ltd. And another … Respondents
Mr. P.D. Sampat with Mr. Vilas A. Jadhav for Appellant. Mr. Suprabh Jain i/b Mr. Yashpal Jain for Respondent No.1. Ms. Amita Bakshi i/b Mr. Anil Agarwal for Respondent No.2.
CORAM : NARESH H. PATIL AND R. G. KETKER, JJ.
DATE : 11th OCTOBER, 2017.
P. C. :
1 of 3
Shridhar Sutar 2 25-app-273.17.doc
had raised issue of jurisdiction before the Arbitrator, under Section 16 of the Act.
2 of 3
Shridhar Sutar 3 25-app-273.17.doc
not entitled to challenge the order passed by the Arbitrator under Section 34 of the Act and an appeal under Section 37 of the Act. Learned Counsel for the respondents place reliance on the Judgment of the Supreme Court in the case of Vasudev Dhanjibhai Modi vs. Rajabhai Abdul Rehman and others reported in 1970 AIR 1475 .
( R. G. KETKAR, J. ) ( NARESH H. PATIL, J. )
2 issues framed by the court
Whether an order rejecting an objection to arbitrability under Section 16 of the Arbitration Act is maintainable under Section 34 of the Act.
Whether an appeal against the Single Judge's order dismissing the petition under Section 34 is maintainable.
Colour shows how this judgement treated each authority
Home Care Retail Marts Private Limited vs. Haresh N. SnghaviReferred¶21
Home Care Retail Marts Private Limited vs. Haresh N. Snghavi reported in 2016 SCC OnLine Bom 5027 · Who else cites this
Vasudev Dhanjibhai Modi vs. Rajabhai Abdul Rehman and othersReferred¶25
Vasudev Dhanjibhai Modi vs. Rajabhai Abdul Rehman and others reported in 1970 AIR 1475 · Who else cites this
3 provisions across 1 enactments
M/s. Samrat Exports
M/s. Balgopal Textiles Pvt. Ltd.
another
NARESH H. PATIL
R. G. KETKER
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
