Appeal under Arbitration Act

visesh (Querist) 02 December 2008 This query is : Resolved
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?

Follow Query

Report Abuse

Srinivas.B.S.S.T (Expert) 02 December 2008
Appeal from the order of the Arbitrator shall be before the Principal District Judge.

visesh (Querist) 02 December 2008
Is there a supreme court decision of 2006 which has clarified that only high courts are eligibe to hear appeals under Arbitration Act, 1996?

A. A. JOSE (Expert) 03 December 2008
Appeal shall lie to the Principal District Judge of competent jurisdiction.

Tribhuwan Pandey (Expert) 03 December 2008
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.

Adv.Shine Thomas (Expert) 04 December 2008
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.

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now