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JAVED IQBAL WANI
Mahant Subash Shah – Appellant
Versus
Kulbir Singh – Respondent
| Table of Content |
|---|
| 1. factual basis of arbitration appeal. (Para 1 , 5 , 6) |
| 2. question of appeal maintainability raised. (Para 2 , 3) |
| 3. interpretation of sections 5 and 37 of the act. (Para 4 , 7) |
| 4. court maintains dismissal of the appeal. (Para 8 , 9) |
| 5. final dismissal order of the appeal. (Para 10) |
JUDGMENT :
Javed Iqbal Wani, J.
1. The instant appeal has been filed by the appellant herein, against order dated 15.02.2023, under an in terms of Section 37 of the Arbitration and Conciliation Act 1996, (for short 'the Act') for setting aside of order dated 15.02.2023 (for short 'the impugned order') passed by the Court of Additional District Judge, Jammu (for short 'the Court below') in case titled as Kulbir Singh v. Mahant Subah Shah .
2. Upon coming up this appeal for consideration, the counsel for the appellant came to be directed to address on the question of maintainability of the appeal in the first instance.
3. Mr. U.K. Jalali, Senior Advocate appearing for the appellant, in response to the question of maintainability of the instant appeal would contend that though the order under challenge in the instant appeal is not provided to be an appealable order under section 37 of the Act of
The judgment establishes the principle that orders for stay of arbitral awards, passed in a notice of motion seeking stay under Section 36 of the Arbitration and Conciliation Act, 1996, are not appea....
A party to arbitration proceedings has a remedy to challenge the award passed in such proceedings under Section 34 of the 1996 Act.
Judicial intervention in arbitration is restricted; parties can only challenge interim orders in specific circumstances post-award under the Arbitration Act.
A petition under Article 227 of the Constitution of India is not maintainable if the conditions for appeal under the Arbitration and Conciliation Act, 1996 are not met, emphasizing the need to adhere....
An appeal against dismissal of a Section 8 application under the Arbitration and Conciliation Act must be filed in the Court authorized by law, not the High Court.
The jurisdiction under Article 227 for reviewing commercial court orders is limited, primarily ensuring expedited resolution and not undermining legislative intent against interlocutory appeals.
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 Appellate Court has jurisdiction to set aside ex-parte orders under Section 37 of the Arbitration and Conciliation Act, 1996, especially when the contract in question is deemed determinable.
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