The bench rejected this appeal regarding a refusal by a single judge to clarify a consent order disposing of a petition under Section 9 of the Arbitration and Conciliation Act, 1996. It was held that the order was not appealable.
Appeal rejected as the impugned order is not appealable.
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.
(11)-APP-107-19.doc .
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
APPEAL NO.107 OF 2019
Carzonrent (India) Pvt. Ltd. ..Appellant Versus Pallazio Hotels & Leisure Limited ..Respondent
Mr. Farhan Dubash a/w Mr. Gaurav Jangle, Mr. Digant Bhatt I/by I. V. Merchant & Co., Advocate for the Appellant. Mr. Birendra Saraf a/w Ms. Kirtida Chandarana & Ms. Manasi Kalvit I/by Mahernosh Humranwala, Advocate for the Respondent.
CORAM : PRADEEP NANDRAJOG, C.J. & SMT. BHARATI DANGRE, J.
DATE : 22nd AUGUST, 2019
P.C.
1] Petition filed under Section 9 of the Arbitration and Conciliation Act, 1996, was disposed of on consent terms vide order dated 28.01.2016.
2] After the Award was rendered, the Appellant took out a Notice of Motion seeking clarification of the consent order dated 28.01.2016. The effect of which clarification centers on the liability to pay lease rental for one and half month.
3] Noting that the Award records that the issue of arrears of rent was dealt with by the learned Arbitrator covered the period in
BGP. 1 o f 2
(11)-APP-107-19.doc .
question, the learned Single Judge has refused to give the clarification as prayed for.
4] The impugned order cannot be treated as one having been passed under Section 9 of the Arbitration and Conciliation Act, 1996. The order is held not to be an appealable order and thus the Appeal is rejected.
SMT. BHARATI DANGRE, J CHIEF JUSTICE
2 o f 2
BGP.
3 issues framed by the court
Whether the impugned order refusing clarification is appealable under Section 9 of the Arbitration and Conciliation Act, 1996
Whether a party seeking clarification of a consent order can maintain an appeal
Whether the single judge's refusal to clarify the consent order amounts to an appealable order
Carzonrent (India) Pvt. Ltd.
Pallazio Hotels & Leisure Limited
Pradeep Nandrajog
Bharati Dangre
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
