M/S. I.T.L. LTD. versus M/S. SIEMENS PUBLIC COMMUNICATIONS NETWORK LTD.

M/S. I.T.L. LTD. versus M/S. SIEMENS PUBLIC COMMUNICATIONS NETWORK LTD.

When Arbitration and Conciliation Act, 1996 confers a right of appeal to a civil court under Section 37, and Code of Civil Procedure is not expressly excluded by the Act, revision under Section 115 CPC lies to the High Court; bar on second appeals does not extend to revisions. Appellant is directed to first approach the High Court, as revision is an efficacious alternate remedy and there is no urgency justifying bypassing it.

Parties
Appellant: MIS. I. T. I. LTD.; Respondent: MIS. SIEMENS PUBLIC COMMUNICATIONS NETWORK LTD.
Jurisdiction
India
Judgment Date
20 May 2002
Procedural Posture
Civil Appeal / Appeal From Order of I0th Additional City Civil and Sessions Court, Bangalore, in Misc. Appeal No. 6 of 2002
Outcome
Appeal dismissed
Legal Topics
Revision Under Section 115 CPC, Appeal Under Section 37 Arbitration Act, Jurisdictional Limits, Efficacious Alternate Remedy
Arbitration Law Civil Procedure Revision Under Section 115 CPC Appeal Under Section 37 Arbitration Act Jurisdictional Limits Efficacious Alternate Remedy

Case Brief

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Parties

MIS. I. T. I. LTD.

Appellant

MIS. SIEMENS PUBLIC COMMUNICATIONS NETWORK LTD.

Respondent

Procedural Posture

Civil Appeal / Appeal From Order of I0th Additional City Civil and Sessions Court, Bangalore, in Misc. Appeal No. 6 of 2002

Legal Issues

  1. 1 Does a revision petition under Section 115 of Civil Procedure Code lie to the High Court against an order made by a civil court in appeal preferred under Section 37 of the Arbitration and Conciliation Act, 1996?
  2. 2 Is such a remedy an efficacious alternate remedy in the facts of the case?

Ratio Decidendi

When Arbitration and Conciliation Act, 1996 confers a right of appeal to a civil court under Section 37, and Code of Civil Procedure is not expressly excluded by the Act, revision under Section 115 CPC lies to the High Court; bar on second appeals does not extend to revisions. Appellant is directed to first approach the High Court, as revision is an efficacious alternate remedy and there is no urgency justifying bypassing it.

Court Disposition

Appeal dismissed

Orders

  • Appellant directed to approach High Court first.
  • If revision petition is filed within 30 days, High Court to entertain it without considering limitation.