ARUN DEV UPADHYAYA versus INTEGRATED SALES SERVICE LTD. & ANR.

ARUN DEV UPADHYAYA versus INTEGRATED SALES SERVICE LTD. & ANR.

The review petitions are dismissed because the petitioner failed to show a mistake or error apparent on the face of the record as required under Order XLVII Rule 1 CPC/Section 114 CPC/Article 137; the impugned judgment had considered and decided the grounds raised, and the disagreements presented by the petitioner would amount to re-arguing the appeal rather than establishing a self-evident error; additionally, the Court held that the enforceability of a foreign award must be tested against the statutory scheme (Sections 44-49) and that the grounds to resist enforcement are contained in Section 48, the Court finding none applicable to the Review Petitioner; the Court also found that...

Parties
Review Petitioner: Arun Dev Upadhyaya; Respondent No.1 / Respondent: Integrated Sales Service Ltd.
Jurisdiction
India
Judgment Date
05 July 2023
Procedural Posture
Review Petitions Under Article 137 of the Constitution Read With Order XLVII Rule 1 of the Supreme Court Rules, 2013 / Review of Judgment Dated 10.08.2021 in Civil Appeals Nos. 8345 8346 of 2018; Review Petitions Dismissed
Outcome
Review petitions dismissed
Legal Topics
Review Under Order XLVII Rule 1 CPC, Enforcement of Foreign Arbitral Awards, Scope of Sections 44 49, Arbitration and Conciliation Act, 1996, Error Apparent on the Face of the Record, Enforceability of Awards Against Non Signatories, Reference of Tortious Disputes to Arbitration
Civil Procedure Arbitration Constitutional Law Review Under Order XLVII Rule 1 CPC Enforcement of Foreign Arbitral Awards Scope of Sections 44 49, Arbitration and Conciliation Act, 1996 Error Apparent on the Face of the Record Enforceability of Awards Against Non Signatories +1 more

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Parties

Arun Dev Upadhyaya

Review Petitioner

Integrated Sales Service Ltd.

Respondent No.1 / Respondent

Procedural Posture

Review Petitions Under Article 137 of the Constitution Read With Order XLVII Rule 1 of the Supreme Court Rules, 2013 / Review of Judgment Dated 10.08.2021 in Civil Appeals Nos. 8345 8346 of 2018; Review Petitions Dismissed

Legal Issues

  1. 1 Whether the review petitions disclose a mistake or error apparent on the face of the record permitting review under Order XLVII Rule 1 CPC/Section 114 CPC/Article 137
  2. 2 Whether a foreign arbitral award can be enforced against non-signatories to the arbitration agreement under Indian law and the scope of Sections 44-49 of the Arbitration and Conciliation Act, 1996
  3. 3 Whether tortious claims fall outside the scope of an arbitration agreement and thus vitiate an award

Ratio Decidendi

The review petitions are dismissed because the petitioner failed to show a mistake or error apparent on the face of the record as required under Order XLVII Rule 1 CPC/Section 114 CPC/Article 137; the impugned judgment had considered and decided the grounds raised, and the disagreements presented by the petitioner would amount to re-arguing the appeal rather than establishing a self-evident error; additionally, the Court held that the enforceability of a foreign award must be tested against the statutory scheme (Sections 44-49) and that the grounds to resist enforcement are contained in Section 48, the Court finding none applicable to the Review Petitioner; the Court also found that...

Court Disposition

Review petitions dismissed

Orders

  • Review Petitions dismissed