M/S. Eaglesight Telemedia Pvt. Ltd., v. M/S. Js Associates
Arbitration – Appeal under Section 37 – Maintainability
Case brief
What is this about?
Eaglesight Telemedia Pvt Ltd v. JS Associates & Others; NC: 2025:KHC:49925; MFA No. 8747 of 2025 (RES); High Court of Karnataka at Bengaluru (Hanchate Sanjeevkumar J, Single Judge); maintainability of appeal under Section 37 of the Arbitration and Conciliation Act against Commercial Court order dismissing Section 34 petition; Circular No.R(J) 65C/2017 dated 30.10.2017; commercial appeals to be heard by Division Bench; dismissed as not maintainable; liberty to refile before Division Bench; Section 14 Limitation Act, 1963 exclusion of period spent; return of certified copy.
What did the court decide?
Appeal dismissed as not maintainable; liberty reserved to file a fresh appeal before the Division Bench as per Circular No.R(J) 65C/2017 dated 30.10.2017; benefit of Section 14 of the Limitation Act, 1963 for the period spent before this Court; Registry directed to return the certified copy of the order, with liberty to file the appeal within two days of its receipt.