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IN THE HIGH COURT AT CALCUTTA
DEBANGSU BASAK, PRASENJIT BISWAS
Alok Saraf – Appellant
Versus
Shyam Sundar Nangalia – Respondent
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 disputes by way of conciliation.
4. Learned advocate for the appellants has submitted that, the memorandum of settlement dated September 10, 2024 partakes the character of an award in terms of the Arbitration and Conciliation Act, 1996. He has referred to the various provisions of the Act of 1996 and contended that, since, the parties agreed to settle their disputes by way of conciliation, and entered into the settlement in writing, the same can be executed as an award.
5. Learned advocate appearing for the appellants has contended that, since, the memorandum of
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.
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