ARUN DEV UPADHYAYA versus INTEGRATED SALES SERVICE LTD & ANR.

ARUN DEV UPADHYAYA versus INTEGRATED SALES SERVICE LTD & ANR.

A Letters Patent Appeal before the Division Bench is maintainable for enforcement of foreign arbitration award as Section 50(1)(b) of the Arbitration and Conciliation Act, 1996 provides for such an appeal and Sections 5 and 13 of the Commercial Courts Act, 2015 do not bar it, as the special jurisdiction for appeal is preserved unless specifically excluded.

Parties
Appellant: Arun Dev Upadhyaya; Respondent: Integrated Sales Service Ltd.; Respondent: Gemini Bay Transcription Pvt. Ltd.
Jurisdiction
India
Judgment Date
30 September 2016
Procedural Posture
Civil Appeal / Supreme Court Appeal by Special Leave
Outcome
Appeals dismissed
Legal Topics
Enforcement of Foreign Arbitration Award, Maintainability of Letters Patent Appeal, Interpretation of Commercial Courts Act 2015
Arbitration Commercial Law Enforcement of Foreign Arbitration Award Maintainability of Letters Patent Appeal Interpretation of Commercial Courts Act 2015

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Parties

Arun Dev Upadhyaya

Appellant

Integrated Sales Service Ltd.

Respondent

Gemini Bay Transcription Pvt. Ltd.

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal by Special Leave

Legal Issues

  1. 1 Is a Letters Patent Appeal maintainable before the Division Bench against the judgment of a Single Judge for enforcement of a foreign award under the Commercial Courts Act, 2015 and Arbitration and Conciliation Act, 1996?

Ratio Decidendi

A Letters Patent Appeal before the Division Bench is maintainable for enforcement of foreign arbitration award as Section 50(1)(b) of the Arbitration and Conciliation Act, 1996 provides for such an appeal and Sections 5 and 13 of the Commercial Courts Act, 2015 do not bar it, as the special jurisdiction for appeal is preserved unless specifically excluded.

Court Disposition

Appeals dismissed

Orders

  • Judgment of the High Court affirmed for different reasons
  • No order as to costs