Case Note & Summary
The case involved a special leave petition filed by Nirma Ltd. against an appellate order of the City Civil Court No. 11 Ahmedabad under the Arbitration and Conciliation Act, 1996. The Supreme Court considered whether to entertain the petition under Article 136 of the Constitution of India. The Court determined that an efficacious alternative remedy existed for the petitioner through a revision application in the High Court under Section 115 of the Code of Civil Procedure. The Court noted that although a second appeal was barred under sub-Section (3) of Section 37 of the Arbitration and Conciliation Act, the remedy of revision remained available as the City Civil Court was subordinate to the High Court. The Court referenced a precedent in Shyam Sunder Agarwal and Co. v. Union of India to support its decision. Consequently, the special leave petition was dismissed, allowing the petitioner to file a revision before the High Court and granting exclusion of time spent in the Supreme Court for limitation purposes.
Headnote
A) Arbitration Law - Appeal against Appellate Order - Availability of Alternative Remedy - Arbitration and Conciliation Act, 1996, Section 37 - Court held that an efficacious alternate remedy by way of filing a revision in the High Court under Section 115 of the Code of Civil Procedure was available to the petitioner, despite the bar on second appeals. The dismissal of the special leave petition was based on the availability of this alternative remedy (Paras Not mentioned).
Issue of Consideration
Whether the petitioner could seek leave to file a civil appeal against an appellate order under the Arbitration and Conciliation Act, 1996.
Final Decision
The Supreme Court dismissed the special leave petition, allowing the petitioner to file a revision before the High Court and granting exclusion of time spent in the Supreme Court for limitation purposes.
Law Points
- Article 136
- Arbitration and Conciliation Act
- 1996
- Code of Civil Procedure
- 1908
- Section 37
- Section 115
- revision remedy
