M/S. ESSAR CONSTRUCTIONS versus N.P. RAMA KRISHNA REDDY

M/S. ESSAR CONSTRUCTIONS versus N.P. RAMA KRISHNA REDDY

An order dismissing an application for condonation of delay in filing application to set aside an arbitration award is a refusal to set aside the award and is appealable under Section 39(1)(vi) of the Arbitration Act, 1940. A revision under Section 115 CPC does not lie. In this case, it is appropriate for the Supreme Court to exercise Article 142 powers and decide sufficiency of delay cause without remand.

Parties
Appellant: Essar Constructions; Respondent: N.P. Rama Krishna Reddy
Jurisdiction
India
Judgment Date
03 May 2000
Procedural Posture
Civil Appeal / Appeal From Andhra Pradesh High Court Order in R.p. No. 2362 of 1999
Outcome
Appeal dismissed
Legal Topics
Arbitration Award, Condonation of Delay, Appeal Vs Revision, Article 142 Constitution
Arbitration Civil Procedure Limitation Law Arbitration Award Condonation of Delay Appeal Vs Revision Article 142 Constitution

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 15 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Essar Constructions

Appellant

N.P. Rama Krishna Reddy

Respondent

Procedural Posture

Civil Appeal / Appeal From Andhra Pradesh High Court Order in R.p. No. 2362 of 1999

Legal Issues

  1. 1 Whether an order dismissing application for condonation of delay amounts to refusal to set aside arbitration award and is appealable under Section 39 of the Arbitration Act, 1940
  2. 2 Whether revision under Section 115 of Code of Civil Procedure from such order is maintainable or an appeal lies
  3. 3 Appropriate exercise of powers under Article 142 of the Constitution

Ratio Decidendi

An order dismissing an application for condonation of delay in filing application to set aside an arbitration award is a refusal to set aside the award and is appealable under Section 39(1)(vi) of the Arbitration Act, 1940. A revision under Section 115 CPC does not lie. In this case, it is appropriate for the Supreme Court to exercise Article 142 powers and decide sufficiency of delay cause without remand.

Court Disposition

Appeal dismissed

Orders

  • No order as to costs