AIR 2010 DELHI 135 ::(2010) 169 DLT 753

Delhi High Court

Hon'ble Judge(s): Madan B. Lokur, Mukta Gupta , JJ

Letters Patent , Cl.10— (as applicable to Delhi High Court) Arbitration and Conciliation Act (26 of 1996) , S.44, S.57, S.50— Against order enforcing foreign award - Not maintainable. An appeal under Clause 10 of the Letters Patent (as applicable to the Delhi High Court) is not maintainable against an order passed under Section 50 of the Arbitration and Conciliation Act (except the orders specified therein). Since appeal against an order enforcing foreign award within meaning of Ss. 44 and 47 of Arbitration Act, 1996 does not fall in any of the categories specified in Section 50 of said Act appeal liable to be dismissed as not maintainable.(Para 32 33) On a reading of Section 50 of the Arbitration and Conciliation Act there is no doubt that all further appeals are barred except those mentioned therein. Letters Patent can be overridden by statute. This is all the more so in the case of the Delhi High Court which was established by the DHC Act and not by the Letters Patent. Section 50 of the Arbitration and Conciliation Act bars all appeals under that statute, except those permitted. To this extent, it limits the operation of the Letters patent as applicable to the Delhi High Court and thereby bars appeals such as the present.(Para 31) .....