UNION OF INDIA versus M/S. SIMPLEX INFRASTRUCTURES LTD.

UNION OF INDIA versus M/S. SIMPLEX INFRASTRUCTURES LTD.

No Letters Patent Appeal lies against the order passed by Single Judge condoning delay in filing a petition under Section 34 for setting aside arbitral award; the only remedy is by way of Special Leave Petition to the Supreme Court.

Parties
Appellant: Union of India; Respondent: M/s. Simplex Infrastructures Ltd.
Jurisdiction
India
Judgment Date
13 April 2017
Procedural Posture
Civil Appeal / Appeal From High Court Division Bench Decision
Outcome
Appeals allowed
Legal Topics
Condonation of Delay, Letters Patent Appeal, Jurisdiction, Setting Aside Arbitral Award
Arbitration Condonation of Delay Letters Patent Appeal Jurisdiction Setting Aside Arbitral Award

Case Brief

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Parties

Union of India

Appellant

M/s. Simplex Infrastructures Ltd.

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Division Bench Decision

Legal Issues

  1. 1 Whether an intra-Court Letters Patent Appeal under clause 15 of the Letters Patent of High Court at Calcutta can be maintained against an order passed by a Single Judge on an application for condonation of delay filed along with a petition for setting aside an arbitral award under Section 34 of the Arbitration and Conciliation Act, 1996

Ratio Decidendi

No Letters Patent Appeal lies against the order passed by Single Judge condoning delay in filing a petition under Section 34 for setting aside arbitral award; the only remedy is by way of Special Leave Petition to the Supreme Court.

Court Disposition

Appeals allowed

Orders

  • Impugned judgment of Division Bench set aside
  • Liberty to Respondent to challenge Single Judge’s judgment dated 27th April, 2016, if so advised