Case Note & Summary
The petitioner, The Karnataka Jesuit Educational Society, filed a civil revision petition under Section 115 of the Code of Civil Procedure, 1908 (CPC) before the High Court of Karnataka at Bangalore. The petition challenged an order dated 17.08.2013 passed by an arbitral tribunal (Annexure-A). The arbitral tribunal had, inter alia, dismissed an application for transposition of parties and restored the arbitration to its original file after withdrawing its earlier withdrawal letter. The respondent, M/s. Salarpuria Properties Private Ltd., raised a preliminary objection regarding the maintainability of the revision petition, arguing that an arbitral tribunal is not a court subordinate to the High Court and thus Section 115 CPC does not apply. The court considered the sole issue of maintainability. It held that the revisional jurisdiction under Section 115 CPC is exercisable only over courts subordinate to the High Court. An arbitral tribunal is a private forum constituted by agreement of parties and is not a court under the CPC. The remedies against orders of an arbitral tribunal are provided under the Arbitration and Conciliation Act, 1996, which is a complete code in itself. Therefore, a civil revision petition under Section 115 CPC is not maintainable against an order of an arbitral tribunal. Consequently, the court dismissed the revision petition as not maintainable, without expressing any opinion on the merits of the case.
Headnote
A) Civil Procedure Code - Revisional Jurisdiction - Maintainability of Revision Against Arbitral Tribunal Order - Section 115 CPC - The court examined whether an order passed by an arbitral tribunal can be challenged under Section 115 CPC. Held that the revisional jurisdiction under Section 115 CPC is exercisable only over courts subordinate to the High Court, and an arbitral tribunal is not a court subordinate to the High Court. Therefore, a revision petition under Section 115 CPC is not maintainable against an order of an arbitral tribunal. (Paras 1-5) B) Arbitration and Conciliation Act, 1996 - Arbitral Tribunal - Status - Not a Court - The court noted that an arbitral tribunal is a private forum chosen by parties and is not a court under the CPC. The remedies against arbitral tribunal orders are provided under the Arbitration and Conciliation Act, 1996, and not under Section 115 CPC. (Paras 4-5)
Issue of Consideration
Whether a civil revision petition under Section 115 of the Code of Civil Procedure, 1908 is maintainable against an order passed by an arbitral tribunal.
Final Decision
The civil revision petition is dismissed as not maintainable. No order as to costs.
Law Points
- Maintainability of civil revision petition under Section 115 CPC against arbitral tribunal orders
- 'case decided' under Section 115 CPC
- scope of revisional jurisdiction over arbitral proceedings
