SUPREME COURT
Justices, J
Mahanagar Telephone Nigam Ltd. v. Applied Electronics Ltd. (M/s.)
| Table of Content |
|---|
| 1. contested the legal application of cpc in arbitration. (Para 2 , 3) |
| 2. responses supporting cpc's applicability in arbitration. (Para 4 , 5) |
| 3. legislative intent supports minimal judicial intervention. (Para 6 , 10 , 12) |
| 4. final ruling on the dismissal of the appeal. (Para 13) |
| 5. cpc not applicable; cross-objections not maintainable. (Para 28 , 29) |
1. Leave granted.
3. Assailing the said order, it is submitted by Mr. N. K. Kaul, learned Additional Solicitor General, appearing for the appellant, that the scheme of the 1996 Act does not grant any space or make any provision as regards the applicability of CPC unlike the Arbitration Act, 1940 (for short 'the 1940 Act' ) and in the absence of any express provision, the legislative intendment is not to make it applicable. It is his further submission that S.5, S.34, S.37 and S.50 of the 1996 Act constitute a complete code and it clearly provides the measures for adjudging or deciding the validity of an award or even to adjudge the defensibility of an interim order. It is urged by him that recourse to any other mode under the CPC to challenge an order or the award passed under the Act would create an anomalous situation an
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