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VIBHU BAKHRU, AMIT MAHAJAN
H. P. Cotton Textile Mills Ltd – Appellant
Versus
Oriental Insurance Company Limited – Respondent
JUDGMENT :
VIBHU BAKHRU, J.
1. The appellant has filed the present intra-court appeal impugning an order dated 31.08.2018 passed by the learned Single Judge, disposing of the appellant’s petition for enforcement of an arbitral award dated 19.10.2016. Admittedly, the said order has been passed under Section 36 of the Arbitration and Conciliation Act, 1996 (hereafter ‘the A&C Act’).
2. The learned counsel for the respondent has raised a preliminary objection regarding maintainability of the present appeal. He contends that the order impugned in this appeal is not appealable. Thus, the principal question to be addressed at this stage is whether the present appeal is maintainable under Section 13 of the Commercial Courts Act, 2015 (hereafter ‘the Commercial Courts Act’)
3. In terms of Section 36 of the A&C Act, an arbitral award is required to be enforced in accordance with the provisions of the Code of Civil Procedure, 1908 (hereafter ‘CPC’) in the same manner as if it were a decree of the Court.
4. Section 13 of the Commercial Courts Act provides for appeals from decrees of Commercial Courts and Commercial Divisions. In terms of Sub-section (1A) of Section 13 of the Commercial Courts Act,
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