Published on: October 22, 2023 at 12:21 IST
Court: Supreme Court of India
Citation: Pandey & Co. Builders V. State of Bihar (2007)
Honourable Supreme Court of India has held that Section 42 only applies to applications and not to appeals under Section 37 of the Arbitration and Conciliation Act, 1996. Applying the same reasoning, Section 42 would also not apply to execution applications. The execution application is not “arbitral proceedings” within the meaning of Section 42 of the Act and is not a subsequent application arising out of the agreement and the arbitral proceedings.
26. Section 42 of the 1996 Act refers to applications and not to appeals.
34. There exists a distinction between an appeal and an application. Whereas Section 31(4) of the 1940 Act or Section 42 of the 1996 Act provides for an application, sub-section (2) of Section 37 of the 1996 Act provides for a statutory appeal. A forum of an appellate court must be determined with reference to the definition thereof contained in the 1996 Act.
Drafted By Abhijit Mishra