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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
KSHITIJ SHAILENDRA, ARUN BHANSALI
Reeta Chaddha (Deceased) – Appellant
Versus
U.P. Jal Nigam – Respondent
| Table of Content |
|---|
| 1. execution of arbitral awards requires proper succession rights. (Para 1 , 2 , 3) |
| 2. court's determination on maintainability due to conflicting claimants. (Para 4) |
| 3. parties' arguments on the maintainability of appeals under the act. (Para 6 , 7) |
| 4. court analysis on statutory scheme of appeals under relevant laws. (Para 8 , 9 , 10 , 11 , 12) |
| 5. clarification of appeal rights under the commercial courts act. (Para 14 , 15) |
| 6. dismissal of appeals as not maintainable. (Para 16 , 17) |
JUDGMENT :
Arun Bhansali, CJ.
1. These appeals under Section 13 (1A) of the COMMERCIAL COURTS ACT , 2015 (for short ‘Act, 2015’) have been filed against the judgments/orders dated 05.09.2024 passed by Commercial Court, Prayagraj in Execution Case Nos. 33 of 2004 and 31 of 2004 arising out of arbitral awards dated 31.07.2002 passed by Sole Arbitrator, whereby the execution cases filed by the appellants have been rejected.
2. The facts indicated reveal that respondent-Jal Nigam invited tenders for reconstruction of RCC Overhead Tank, the contract bond was accepted and signed on 12.06.1972 by M/s Chaddha & Co. through Sri P.D. Chaddha, who later on died on 19.09.2017. After execution of the work,
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....
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....
Appeal under Section 13(1A) of Act of 2015 would lie only against Judgment and Orders which are enumerated or enlisted under Order XLIII of CPC.
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 ....
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....
Appeals against non-enumerated orders under the Commercial Courts Act are not maintainable, reinforcing adherence to Supreme Court precedent and emphasizing efficient judicial processes in commercial....
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