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2002 Supreme(SC) 651

D.M.DHARMADHIKARI, N.S.HEGDE
I. T. I. LTD. – Appellant
Versus
Siemens Public Communications Network LTD. – Respondent


JUDGMENT

Santosh Hegde, J.-Leave granted.

2. This appeal is filed directly to this Court against the judgment and order of the 10th Additional City Civil Judge, Bangalore made in Misc. Appeal No. 6 of 2002 dated 18th April, 2002.

3. The appeal before City Civil Judge was against an interim order made by the arbitral tribunal and that appeal was filed under Section 37(2)(b) of the Arbitration and Conciliation Act, 1996 (the Act ). The learned Civil Judge dismissed the said appeal.

4. The principal question that arises for our consideration is whether a revision petition under Section 115 of the Civil Procedure Code (the Code ) lies to the High Court as against an order made by a civil court in an appeal preferred under Section 37 of the Act. If so, whether on the facts and circumstances of this case, such a remedy by way of revision is an alternate and efficacious remedy or not.

5. Mr. K. Parasaran, learned senior counsel appearing for the appellants submitted that the right of second appeal is specifically taken away under Section 37(2) of the Act. Therefore, by implication it should be held that even a revision is not maintainable under Section 115 of the Act. He pointed out tha
























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