LAWS(DLH)-2020-11-41

SHON RANDHAWA Vs. RAMESH VANGAL

Decided On November 05, 2020
Shon Randhawa Appellant
V/S
Ramesh Vangal Respondents

JUDGEMENT

(1.) This appeal, under Section 37(1)(c) of the Arbitration & Conciliation Act, 1996 read with Section 13(1A) of the Commercial Courts Act, 2015 and Section 10(1) of the Delhi High Court Act, 1966, impugns the order dated 27th May, 2020 of the Single Judge of this Court of dismissal of OMP No.1255/2014 preferred by the appellant under Section 34 of the Arbitration Act with respect to the Arbitral Award dated 9th October, 2014.

(2.) The appeal came up first before us on 14th August, 2020, when the counsel for the respondents No.1 to 3 i.e. Ramesh Vangal, Gokul Patnaik & Seagrow Bio-Technics India Pvt. Ltd., appeared on advance notice. However on request of the counsel for the appellant, the appeal, on that day was adjourned to 25th September, 2020. On 25th September, 2020, the senior counsel for the appellant was heard for over one and a half hours and the counsel for the respondents No. 1 to 3 stated that his written submissions before the Single Judge were already on record and he be granted liberty to file written submissions in this appeal. Granting such liberty to the counsel for the respondents No. 1 to 3 to file written submissions in this appeal, order/judgment in the appeal was reserved.

(3.) We may at the outset state that the appeal, so far as preferred invoking Section 10 of the Delhi High Court Act, does not lie. Need to elaborate further on the subject is not felt as we have recently, in Raj Kumar Brothers Vs. Life Essentials Personal Care (P) Ltd., (DB), dealt with the said aspect and held that the Arbitration Act being a special statute and a self contained code and by express language of Section 37 having confined appeals only to the matters prescribed therein, Section 10 of the Delhi High Court Act cannot be invoked in matters pertaining to arbitration.