AIR 2016 SUPREME COURT 4899 ::2017 (1) ABR 155 ::(2016) 5 ArbiLR 267 ::2016 (9) SCC 524 ::(2017) 1 RecCivR 633 ::(2016) 9 Scale 427 ::AIR 2017 SC (Civil) 177 ::(2017) 7 AllMR 866 (SC) ::(2017) 3 AndhLD 69 ::(2017) 5 Mad LW 279 ::(2017) 170 AllIndCas 65 (SC)

Supreme Court Of India

(From : Bombay)

Hon'ble Judge(s): Dipak Misra, C. Nagappan , JJ

Commercial Courts, Commercial Division and Commercial Appellate Division of the High Courts Act (4 of 2016) , S.13, S.5— Arbitration and Conciliation Act (26 of 1996) , S.47, S.49— Letters Patent (Bombay) , Cl.15— Letters patent appeal - Maintainability - Appeal against judgment of single Judge in an international arbitration matter - Is maintainable before Division Bench. Maharashtra High Court (Hearing of Writ Petitions by Division Bench and Abolition of Letters Patent Appeals) Amendment Act (27 of 2008) , S.3— Section 13 bars an appeal under Letters Patent unless an appeal is provided under the 1996 Act. Such an appeal is provided under Section 5 of the Act. Provision of S. 5 clearly lays down that a forum is created, i.e., Commercial Appellate Division. Section 50(1)(b) of the 1996 Act provides for an appeal. Section 50(1)(b) has not been amended by the Act that has come into force on 23.10.2015. The letters Patent Appeal could not have been invoked if Section 50 of the 1996 Act would not have provided for an appeal. But it does provide for an appeal. A conspectus reading of Sections 5 and 13 of the Act and Section 50 of the 1996 Act which has remained unamended leads to the irresistible conclusion that a Letters Patent Appeal is maintainable before the Division Bench. It has to be treated as an appeal under Section 50 (1) (b) of the 1996 ....