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Appeal under Arbitration Act (Others)

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This query is : Resolved


Author : visesh

Posted On 02 December 2008 at 22:54

Section 37 of the Arbitration and Conciliation Act deals with Appeals.... "appeal shall lie from the following orders (and from no others) to the "court authorised by law" to hear appeals. "court" has been defined under section 2 as follows - 'court' means the principal civil court of original jurisdiction in a district, and includes the High Court in exercise of its ordinary original civil jurisdiction....does it mean that appeals can lie even in district courts or one has to necessarily approach the high court?




Expert : Srinivas.B.S.S.T

Posted On 02 December 2008 at 23:11

Appeal from the order of the Arbitrator shall be before the Principal District Judge.



Author : visesh

Posted On 02 December 2008 at 23:43

Is there a supreme court decision of 2006 which has clarified that only high courts are eligibe to hear appeals under Arbitration Act, 1996?



Expert : A.A.JOSE BARODA

Posted On 03 December 2008 at 20:37

Appeal shall lie to the Principal District Judge of competent jurisdiction.



Expert : Tribhuwan Pandey

Posted On 03 December 2008 at 20:40

Appeal under Section 37 of Arbitration and Conciliation Act lie before the High Court.
Because:
Section 9 application lie before District Judge which is appealable u/s 37
Section 34 also lies before District Judge which is appealable u/s 37
against these orders appeal lie before High Court (against the order of District Judge)

This is as per my practical knowledge.
We are following this procedure.



Expert : Adv.Shine

Posted On 04 December 2008 at 11:36

I agree with Mr. Tribhuwan.If a single Judge passes an original decree and the appeal there from lies to a Division Bench of the High Court.


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