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2018 Supreme(SC) 618

ROHINTON FALI NARIMAN, NAVIN SINHA
Kandla Export Corporation – Appellant
Versus
OCI Corporation – Respondent


JUDGMENT :

R.F. NARIMAN, J.

1. Leave granted.

2. The present appeals raise an important question as to whether an appeal, not maintainable under Section 50 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as “the Arbitration Act”), is nonetheless maintainable under Section 13(1) of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 (hereinafter referred to as “the Commercial Courts Act”).

3. The brief facts necessary to decide the aforesaid issue are as follows. On 28th April, 2014, an arbitration award was passed pursuant to Arbitration Rule No.125 of the Grain and Feed Trade Association (GAFTA) directing the Appellants, who were the sellers, to pay the Respondents, who were the buyers, a sum of US$ 846,750 together with compound interest at the rate of 4% calculated at quarterly rests. In appeal, by an order dated 16th April, 2015, the Appellate Tribunal directed the appellants to pay a sum of US$ 815,000 together with compound interest at the rate of 4% calculated at quarterly rests.

4. Being aggrieved by the Appellate Award, the Appellants filed an appeal before the Queen’s Bench. However, the said appeal came




















































































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