An appeal was dismissed holding that no appeal lies under Section 13(1A) of the Commercial Courts Act against an order referring parties to arbitration unless enumerated under Section 37 of the A&C Act.
Appeal dismissed; pending application disposed of.
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KRISHIV POLY PRODUCTS LLP ..... Appellant Through: Mr Madhav Sinhal, Mr Abhishek Kedia and Mr Tanmay Mehta, Advocates.
versus
M/S MDP ENTERPRISES & ORS. ..... Respondents Through: Mr Rahul Sharma, Mr Swapnil Jain and Mr Rishav Sharma, Advocates.
CORAM: HON'BLE MR. JUSTICE VIBHU BAKHRU HON'BLE MS. JUSTICE TARA VITASTA GANJU O R D E R % 29.01.2024
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Commercial Courts Act would lie only against the orders that are, inter alia , enumerated under Section 37 of the A&C Act.
VIBHU BAKHRU, J
TARA VITASTA GANJU, J
JANUARY 29, 2024 RK
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/06/2024 at 11:52:33
2 issues framed by the court
Whether an appeal lies under Section 13(1A) of the Commercial Courts Act, 2015 against an order referring parties to arbitration under Section 8 of the A&C Act if that order is not enumerated under Se
Whether the appeal Against a reconsideration to refer parties to arbitration is maintainable under Section 37(1) of the A&C Act.
Colour shows how this judgement treated each authority
Kandla Export Corporation & Anr. v. OCI Corporation & Anr.Relied on¶4
Kandla Export Corporation & Anr. v. OCI Corporation & Anr.: (2018) 14 SCC 715 · Who else cites this
3 provisions across 2 enactments
KRISHIV POLY PRODUCTS LLP
M/S MDP ENTERPRISES & ORS.
Vibhu Bakhru
Tara Vitasta Ganju
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
