Arun Upadhyaya v. Integrated Sales Service Ltd., Through Its Power Of Attorney Holder And Another

1. By placing reliance upon the judgment of Hon'ble Apex Court in the case of Fuerst Day Lawson Limited v. Jindal Exports Limited., reported in (2011) 8 SCC 333, particularly, in paragraphs 74, 75, 76 and 89, the submission is that as the Letters Patent under Clause 15 is not available in arbitration matters and as Section 13 of the Commercial Courts, Commercial Division and Commercial Appellate Division of the High Courts Act, 2015, is not applicable, the Arbitration Appeal as filed could not have been held to be maintainable.

2. We have noticed the language of Section 50(1) of the Arbitration and Conciliation Act, 1996, and thereafter a forum for such appeal vide Clause 15 of the Letters Patent, we, therefore, find that the submission of the learned Counsel for the applicant is misconceived. No case is made out. Hence, the Misc. Civil Application is rejected.

3. Arbitration Appeal No. 3 of 2016 to come up for hearing on 05-08-2016.

CERTIFICATE

“I certify that this Order uploaded is a true and correct copy of original signed Order.”