AIROnline 2018 SC 915 ::(2018) 185 AllIndCas 240 (SC) ::AIR 2018 SC (Supp) 789 ::(2018) 4 AllMR 912 (SC) ::(2018) 130 All LR 194 ::(2018) 2 All WC 1400 ::(2018) 4 Mad LW 240

Supreme Court Of India

Hon'ble Judge(s): R. F. Nariman, Navin Sinha , JJ

(A) Arbitration and Conciliation Act (26 of 1996) , S.50— Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act (4 of 2016) , S.13(1)— S. 13(1) of Commercial Courts Act, being general provision vis-à-vis arbitration relating to appeals arising out of commercial disputes, would obviously not apply to cases covered by S. 50 of Arbitration Act. (Para 21) (B) Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act (4 of 2016) , S.13(1)— Arbitration and Conciliation Act (26 of 1996) , S.50— If appeal lies under S.50 of Act of 1996 provision, then alone would S. 13(1) of Commercial Courts Act be attracted as laying down forum which will hear and decide such appeal. (Para 23) S. 50 of Arbitration Act providing for appeal, and S.13(1) of Commercial Courts Act providing forum for such appeal. in instant case, as no appeal lies u/S. 50 of Arbitration Act, no forum can be provided for. It is S. 50 that provides for appeal, and not letters patent, given subject matter of appeal. Also, appeal has to be adjudicated within parameters of Section 50 alone. Concomitantly, where Section 50 excludes app....