AIR 2002 SUPREME COURT 2308 ::2002 AIR SCW 2438 ::2002 AIR - Kant. H. C. R. 1738 ::2002 (2) Arbi LR 246 ::2002 (4) Com LJ 186 SC ::(2002) WLC(SC)CVL 487 ::2002 (2) UJ (SC) 1111 ::(2002) 3 CivLJ 840 ::(2003) ILR (Kant) (1) 839 ::(2002) 2 ArbiLR 246 ::2002 (5) SCC 510 ::(2003) 1 RecCivR 745 ::2002 (4) Scale 655 ::2002 (2) All CJ 1391 ::(2002) 3 CurCC 73 ::(2002) 48 All LR 250 ::2003 (2) ICC 885 ::2002 (3) ICC 885 ::2002 (4) MadLW 644 ::(2002) 4 AndhLD 47 ::(2002) 3 JCR 104 (SC) ::2002 (2) LandLR 641 ::2002 (2) LRI 681 ::2002 (4) SLT 137 ::2002 (4) Supreme 444 ::2002 (1) JT (Supp) 466 ::2002 (7) SRJ 313

Supreme Court Of India

Hon'ble Judge(s): N. Santosh Hegde, D. M. Dharmadhikari , JJ

(A) Arbitration and Conciliation Act (26 of 1996) , S.37, S.5— Order passed by Civil Court in appeal filed under S. 37 of Act - Is revisable by High Court under S.115 of Civil P. C. - Act only bars a second appeal, not revision - Applicability of Civil P. C. is not expressly prohibited - Inference that Civil P. C. is not applicable cannot be drawn. Civil P.C. (5 of 1908) , S.115, S.9— A revision petition under S. 115 of the Civil Procedure Code lies to the High Court as against an order made by a Civil Court in an appeal preferred under S. 37 of the Act. Fact that a second appeal is statutorily barred under the Act and the Code is not specifically made applicable, notwithstanding.(Para 12 16 17) Per Santosh Hegde, J. It is true that in the Act application of the Civil P.C. is not specifically provided for but what is to be noted is : Is there an express prohibition against the application of the Code to a proceeding arising out of the Act before a Civil Court ? In the Act there is no such specific exclusion of the Civil P.C. When there is no express exclusion it cannot be inference to hold that the Code is not applicable. It is well settled that the jurisdiction of the Civil Court to which a right to decide a lis between the parties has been conferred can only be taken by....