SC:No Intra-Court Appeal Against Condonation Of Delay By The Single Judge In Plea To Set Aside Arbitration Award
Thursday, April 20, 2017 IST
The Supreme Court, in Union of India vs M/S Simplex Infrastructures, has reiterated that intra-court legal instrument charm beneath clause fifteen of the legal instrument of court at city isn't reparable against AN order gone by the one choose on AN application for pardon of delay filed in conjunction with the petition for setting aside AN arbitration award A division bench of city court, holding that intra-court charm is reparable against single choose order condoning the delay, had reversed the order by invoking its jurisdiction beneath legal instrument charm.
Referring to the choice in Fuerst Day Lawson restricted vs Jindal Exports restricted, the bench comprising Justice Dipak Misra and Justice AM Khanwilkar command that the remedy of legal instrument charm against that call is unavailable and also the question as-as to whether the one choose had justly exercised the discretion or otherwise may well be assailed before the apex court by approach of special leave petition.
Even if the learned single choose might have committed manifest error or wrong set the appliance for a pardon of delay, that judgment is imputable to exercise jurisdiction under Section 34(3) of the Act,” the bench said.
The court also noted that that remedy of appeal has been provided only against an order of setting aside or refusing to set aside an arbitral award under Section 34(1) (c) and no appeal is provided against an order passed by the court of competent jurisdiction condoning the delay in filing the petition under Section 34 of the Act as such .
The bench also disapproved of the ratio in the high court judgment, which had distinguished the decision in Fuerst Day Lawson Ltd by holding that the judgment of the single judge of condoning the delay in filing of the petition under Section 34 of the Act was without jurisdiction and not in terms of the provisions of the Act.
“It is not possible to countenance this approach,” the bench said allowing the appeal against the division bench order.
Related Topics
Related News & Articles
New Delhi: Honeypreet Insan, who has been on the run following the sentencing of Dera Sacha Sauda chief Ram Rahim Singh in two rape cases, h...
Recently posted . 683 views . 10 min read
New Delhi: Days in front of its big release on August 11, 2017, Akshay Kumar's 'Toilet: Ek Prem Katha' has been leaked online purportedly. Yes! After th...
Recently posted . 787 views . 22 min read
In yet another bone-chilling incident in the BJP-ruled Haryana, a 19-year-old CBSE topper, who was also awarded by the President of India, was gang-raped near her...
Recently posted . 860 views . 1 min read
• There have been cases where GST assessees have paid taxes after due date but did not pay the interest due on account of delayed...
Recently posted . 542 views . 3 min read
Collective and sustainable growth is gradually bridging the gap between the developed and the developing nations globally. International trade and commerce...
Recently posted . 676 views . 88 min read
Trending News & Articles
While the Uttarakhand High Court has asked to block 857 websites, the Ministry of Electronics and IT (Meity) found 30 portals without any pornographic content.
...
Recently posted . 64K views . 1 min read
The four boys as well as five school officials, including the director and principal, were arrested after the incident. The minors were presented before the Juvenil...
Recently posted . 9K views . 1 min read
Rahul was having an Italian passport and was carrying suitcase full of dollars. Some say it was about was it $2 million.
Rahul and his girl friend was th...
Recently posted . 9K views . 7 min read
True – Tr...
Recently posted . 8K views . 83 min read
More in National
Reliance Industries Chairman and MD Mukesh Ambani in a very letter to staff aforesaid that Reliance Jio had broken the parable that Asian country isn't able to ...
Recently posted. 792 views . 8 min read
MUMBAI: A swanky and eco-friendly public toilet equipped with solar panel and vacuum technology to save water has come up at the Marine Drive in ...
Recently posted. 573 views . 1 min read
Holi, the festival of colours would be celebrated across the country tomorrow. For students who are appearing for CBSE Board Examination 2019 and planning to play H...
Recently posted. 764 views . 1 min read
Recently posted . 1K views
Recently posted . 1K views
Recently posted . 2K views
Recently posted . 2K views
Recently posted . 3K views . 34 min read
Recently posted . 3K views . 35 min read
Lenders to Jaypee Infratech Ltd. rejected a resolution plan submitted by Lakshdeep Investments & Finance Pvt Ltd., the stressed real estate firm said in a stock...
Recently posted. 624 views . 2 min read
Taking after reports of security ruptures, beat banks, including SBI, ICICI Bank, HDFC Bank, have started activities to address the issue at the most punctual.
...
Recently posted. 593 views . 28 min read