9911796707
TMI Blog2020 (8) TMI 645X X X X Extracts X X X X X X X X Extracts X X X X ..... in SUMITOMO CORPORATION VERSUS CDC FINANCIAL SERVICES (MAURITIUS) LTD. [ 2008 (2) TMI 627 - SUPREME COURT ] observed in paragraph 25 of the said judgment that the expression court not simpliciter but qualified by the wording authorised by law to hear appeals from such order . - In the present case, the order having passed by the Judicial Authority under Section 45 of the Arbitration and Conciliation Act, 1996 and in absence of any power delegated under the Arbitration and Conciliation Act, 1996 , it is held that the appeal is not maintainable. Appeal disposed off. - Company Appeal (AT) No. 350 of 2018 - - - Dated:- 6-2-2020 - [Justice S.J. Mukhopadhaya] Chairperson And [ Justice Bansi Lal Bhat ] Member (Judicial) For th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y-five days from the date aforesaid, but within a further period not exceeding forty-five days, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal within that period. (4) On the receipt of an appeal under sub-section (1), the Appellate Tribunal shall, after giving the parties to the appeal a reasonable opportunity of being heard, pass such orders thereon as it thinks fit, confirming, modifying or setting aside the order appealed against. (5) The Appellate Tribunal shall send a copy of every order made by it to the Tribunal and the parties to appeal. 3. The question arises for consideration in this appeal is whether the order of refusal passed by the Judicial Authority (National C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er under Section 420 of the Companies Act, the appeal will lie under section 421 before the National Company Law Appellate Tribunal. If the Tribunal passes order under the capacity of the Adjudicating Authority under the I B Code , the appeal will lie under section 61 of the I B Code before the National Company Law Appellate Tribunal. If the Tribunal passes order in the capacity of judicial authority under Section 45 of the Arbitration Act, 1996, the appeal will not lie under Section 421 of the Companies Act but before an appropriate forum. 32. In view of the aforesaid observations, we hold that the impugned order dated 20th April, 2017 having passed by the Tribunal in the capacity of judicial authority under Section 45 of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion 50 of the Arbitration Act and Section 10(1)(a) and Section 10-F of the Companies Act: 50. Appealable orders.-(1) An appeal shall lie from the order refusing to- (a) refer the parties to arbitration under Section 45; (b) enforce a foreign award under Section 48; to the court authorised by law to hear appeals from such order. (2)*** 10. Jurisdiction of courts.-(1) The court having jurisdiction under this Act shall be- (a) the High Court having jurisdiction in relation to the place at which the registered office of the company concerned is situate, except to the extent to which jurisdiction has been conferred on any District Court or District Courts subordinate to that High Court in pursuance of sub- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f a suit, but does not include any civil court of a grade inferior to such Principal Civil Court, or any Court of Small Causes. 9. The Hon ble Supreme Court further observed in paragraph 25 of the said judgment that the expression court not simpliciter but qualified by the wording authorised by law to hear appeals from such order . The order having passed by the Judicial Authority under Section 45 of the Arbitration and Conciliation Act, 1996 and in absence of any power delegated under the Arbitration and Conciliation Act, 1996 , we hold that the appeal is not maintainable. The case is covered by this Appellate Tribunal s decision in Thota Gurunath Reddy Ors. (Supra), we also hold that the appeal is not maintainable. However ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
