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IN THE HIGH COURT AT CALCUTTA
DEBANGSU BASAK, MD.SHABBAR RASHIDI
National Insurance Company Limited – Appellant
Versus
Tirupati Food Products – Respondent
JUDGMENT :
DEBANGSU BASAK, J.
1. Appellant has assailed the order dated November 10, 2025 passed in AP COM 697 of 2025.
2. By the impugned order, learned Single Judge has disposed of a petition under Section 36(2) of the Arbitration and Conciliation Act, 1996 by granting stay of an award which was the subject matter of challenge under Section 34 of the Act of 1996 in AP COM 361 of 2024 on the condition that the appellant deposits the entire awarded amount along with awarded interest with the Registrar, Original Side. Learned Single Judge has directed the Registrar, Original Side to invest such amount in interest bearing auto renewal fixed deposit account in any nationalized bank and retain the same till disposal of AP COM 361 of 2024.
3. Learned advocate appearing for the appellant has contended that, the appellant is an insurance company. He has contended that, directing deposit of the entire awarded amount is prejudicial to the financial health of the appellant. Appellant has substantial assets including immovable property which can be taken as security. The appellant can also furnish a bank guarantee if directed by the Court to secure the arbitral amount.
4. On the aspect of right of
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....
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.
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 proviso in Section 13 of the Commercial Courts Act qualifies the generality of the main provision by providing an exception, and appeals from orders passed in commercial causes would lie only in ....
An appeal under Section 13(1A) of the Commercial Courts Act is maintainable only against orders specified in Order XLIII of the CPC, and the dismissal of an application under Order VII Rule 10 CPC is....
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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