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IN THE HIGH COURT OF DELHI AT NEW DELHI
C. HARI SHANKAR, OM PRAKASH SHUKLA
Government Of India Through Joint Secretary, Ministry Of Petroleum And Natural Gas – Appellant
Versus
Vedanta Limited – Respondent
| Table of Content |
|---|
| 1. maintainability of appeals (Para 1 , 2) |
| 2. application procedures under cpc (Para 3 , 4 , 5) |
| 3. arguments on appealability (Para 9 , 10 , 11 , 12) |
| 4. court's jurisdiction on appeals (Para 14 , 15 , 16 , 17) |
| 5. analysis of statutes for appeals (Para 18 , 19 , 20) |
| 6. dismissal of appeals (Para 21 , 22) |
JUDGMENT :
C. HARI SHANKAR, J.
1. Inasmuch as the present judgment decides these appeals on the aspect of maintainability, it is not necessary for us to delve deep into the facts. Suffice it, therefore, to state that arbitral proceedings between the parties culminated in a partial arbitral award dated 12 October 2004 and final arbitral award dated 26 October 2016. The seat of arbitration was Malaysia.
2. The appellant challenged the aforesaid awards before the competent courts in Kuala Lumpur and lost.
3. Thereafter the respondents being the successful award holders moved OMP (EFA) (COMM) 15/2016,Cairn India Ltd & ors v Govt of Indiaand OMP (EFA) (COMM) 5/2017, Vedanta Ltd & anr v Govt of India,under Sections 47 and 49 of the Arbitration and Conciliation Act, 1996, ["the 1996 Act”, hereinafter]. In the said appeals, in OMP (EFA) (COMM) 5/2017, the respondent-award holder moved
Appeals under the Commercial Courts Act must strictly adhere to specified provisions; orders under Section 151 of the CPC are not appealable as they fall outside established criteria.
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 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 ....
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 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....
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....
Granting or refusing to grant any measure and set aside an arbitral award - No final adjudication of Section 9 application nor does impugned order finally decide same - Decision in application under ....
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