Arbitration and Conciliation, 1996 – s. 37(1)(c) and s.34 –
Whether order of the Single Judge of the High Court refusing to
condone the Appellant’s delay in filing an application u/s. 34 of the
Arbitration and Conciliation Act, 1996 is an appealable order u/s.
37(1)(c) of the said Act – Held: An appeal u/s. 37(1)(c) of the
Arbitration Act, 1996 would be maintainable against an order
refusing to condone delay in filing an application u/s. 34 of the
Arbitration Act, 1996 to set aside an award.
Arbitration and Conciliation, 1996 – s. 37(1)(c) – Arbitration
Act, 1940 – s.39(1)(vi) – Held: s. 39(1)(vi) of the 1940 Act is in pari
materia to s. 37(1)(c) of the Arbitration Act, 1996 – This was held in
two of the judgments of the Supreme Court i.e. Chief Engineer of
BPDP/REO Ranchi v. Scoot Wilson Kirpatrick India (P.) Ltd. (2006)
13 SCC 622:[2006] 8 Suppl. SCR 836 and Fuerst Day Lawson Ltd.
v. Jindal Exports Ltd. (2011) 8 SCC 333: [2011] 11 SCR 1.