Single judge of the Delhi High Court dismissed an appeal against an interim order passed by the sole arbitrator. The court held that the order was procedural in nature and thus not appealable under Section 37 of the Arbitration and Conciliation Act, 1996.
The appeal filed against the interim order passed by the sole arbitrator is dismissed.
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.
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CHANDER MOHAN LALL ..... Appellant Through: Mr. Sandeep Sharma and Ms. Risha Mittal, Advocates along with Appellant
versus
DLF HOME DEVELOPERS LTD. & ANR. ..... Respondents Through: Mr. Rajiv Nayyar, Sr. Advocate with Mr. Pravin Bahadur, Ms. Nimita Kaul, Mr. Prabhal Mehrotra and Mr. Amit Aggarwal, Advocates CORAM: JUSTICE S. MURALIDHAR O R D E R % 15.05.2015 1. A preliminary objection has been raised by Mr. Rajiv Nayyar, learned Senior counsel for the Respondents, regarding the maintainability of the present appeal under Section 37 of the Arbitration and Conciliation Act 1996 („Act‟). Mr. Sandeep Sharma, learned counsel for the Appellant, on the other hand submits that the order should be treated as one under Section 17 of the Act and therefore appealable. Alternatively, it is submitted that since it arises
ARB. A. 26 of 2015 Page 1 of 3
out of earlier directions issued by this Court, there is no option available but to challenge the impugned order in this Court.
ARB. A. 26 of 2015 Page 2 of 3
providing with an appeal at an interlocutory stage, the legislature has provided in Section 34 some of the grounds of challenge to an award on procedural issues. For instance, under Section 34 (2) (iii) of the Act, a party could urge that the Award is bad in law because such party was not given proper notice of the appointment of an arbitrator or of the arbitral proceedings or was “otherwise unable to present his case”.
Award that might be passed by the learned Arbitrator.
S.MURALIDHAR, J
MAY 15, 2015/sd
ARB. A. 26 of 2015 Page 3 of 3
2 issues framed by the court
Whether an order by the sole arbitrator striking out portions of an affidavit of rebuttal evidence is appealable under Section 37 of the Arbitration and Conciliation Act, 1996.
Whether a procedural order passed by the arbitral tribunal under Section 19 of the Act falls within the scope of appealable interim orders.
5 provisions across 1 enactments
Chander Mohan Lall
DLF Home Developers Ltd. & Anr.
S. Muralidhar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
