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Supreme Court Of India

(From : Delhi)*

Hon'ble Judge(s): R. C. Lahoti, Brijesh Kumar, Arijit Pasayat , JJJ

(A) Arbitration Act (10 of 1940) , S.39— Appeal - Cross-objections - Maintainability - Cross-objection can be preferred if applicant could have sought for same relief by filing appeal in conformity with provisions of S. 39(1) - Cross-objection is not maintainable, if subject- matter of it is to impugn such order which does not fall within purview of any of the categories contemplated by Cls. (i) to (vi) of S. 39(1). Superintending Engineer v. Subba Reddy, 1999 AIR SCW 1479, Overruled. Civil P.C. (5 of 1908) , O.41 R.22— Right to take a cross-objection is the exercise of substantive right of appeal conferred by a statute. Available grounds of challenge against the judgment, decree or order impugned remained the same whether it is an appeal or a cross-objection. The difference lies in the form and manner of exercising the right; the terminus a quo (the starting point) of limitation also differs. (Para 15 18) The form of cross-objection is procedural and is only a manner of exercising right of appeal which is substantive. Secondly, it is not merely the procedure prescribed by the Code of Civil Procedure which has been made applicable to proceedings under the Arbitration Act by Section 41(a) of the Act; the entire body of the Code of Civil Procedure, 1908 has bee....