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IN THE HIGH COURT AT CALCUTTA
DEBANGSU BASAK, PRASENJIT BISWAS
Alok Saraf – Appellant
Versus
Shyam Sundar Nangalia – Respondent
| Table of Content |
|---|
| 1. appellants assailed prior judgment (Para 1 , 2) |
| 2. memorandum characterized as executable award (Para 3 , 4 , 5 , 6) |
| 3. respondents argue appeal not maintainable (Para 8 , 9) |
| 4. court's observations on appealability of award execution (Para 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18) |
| 5. executing court's powers evaluated (Para 19 , 20 , 21) |
| 6. legislative provisions outlined for appeals (Para 22 , 23 , 24 , 25 , 26 , 27 , 28) |
| 7. appeal not maintainable under specified provisions (Para 29) |
| 8. final order dismissing the appeal (Para 30 , 31 , 32) |
JUDGMENT :
DEBANGSU BASAK, J.
1. Appellants have assailed the judgment and order dated May 20, 2025 passed in EC-COM/9/2025 with IA No. GA-COM/1/2025.
2. By the impugned judgment and order, learned Single Judge has dismissed an execution petition by which the appellant sought to execute a memorandum of settlement arrived at between the parties as an award.
3. Learned advocate appearing for the appellants has submitted that, the parties to the appeal entered into an understanding to settle their disputes and differences. The parties to the appeal had entered into an memorandum of settlement dated September 10, 2024 settling their dispu
A memorandum of settlement does not attain finality and is not executable as an award under the Arbitration Act; therefore, an appeal against a refusal to execute such an award is not maintainable un....
The main legal point established in the judgment is that appeals would only lie from the orders mentioned in Section 37 of the arbitration and Conciliation act, 1996, and from no others. Additionally....
The main legal point established in the judgment is that the appealability of orders pertaining to the Arbitration and Conciliation Act must be determined as per the drill under Section 50 alone, and....
Venue of arbitration does not equate to its jurisdictional seat; petitions under the Arbitration Act must be filed where arbitration took place, as established in prior Supreme Court rulings.
Appeals against dismissal of execution applications under the Commercial Courts Act must conform to specified orders in Order XLIII CPC and Section 37 of the Arbitration Act, emphasizing the limits o....
Power to refer parties to arbitration where there is an arbitration agreement - Application of any of the parties to the suit, withdraw such suit or application from the court before which it is pend....
The Commercial Courts Act, 2015 grants jurisdiction to Commercial Courts for executing arbitral awards related to commercial disputes, emphasizing expedited resolution.
Orders granting or refusing ex-parte interim measures under Section 9 of the Arbitration and Conciliation Act, 1996 are appealable under Section 37, despite the Commercial Courts Act, 2015.
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