MAHANAGAR TELEPHONE NIGAM LTD. Vs. M/S. APPLIED ELECRONICS LTD.
SUPREME COURT OF INDIA
MAHANAGAR TELEPHONE NIGAM LTD.
M/S. Applied Elecronics Ltd.
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DIPAK MISRA,J. -
(1.) Leave granted.
(2.) The present appeal, by special leave, calls in question the legal tenability of the order dated 28 th July, 2014 passed by the
High Court of Delhi wherein a Division Bench in CM No. 15530 of
2013 placing reliance on Satpal P. Malhotra and Ors. vs. Puneet Malhotra & Ors.Arbitration Appeal No. 12 of 2010 decided on 14th June, 2013 that has followed the decision in MCD vs.
International Security & Intelligence Agency Ltd. (2004) 3 SCC 250 has
expressed the view that the Code of Civil Procedure, 1908 (for
short 'the CPC') would be applicable to the proceedings under the
Arbitration and Conciliation Act, 1996 (for short 'the 1996 Act).
Be it stated, while expressing the view that the CPC is applicable
to an appeal preferred under Section 37 of the Act, the High
Court has in the impugned order opined that the cross objection
preferred by the respondent herein was maintainable and
accordingly entertained the same after condoning the delay.
(3.) Assailing the said order, it is submitted by Mr. N.K. Kaul, learned Additional Solicitor General, appearing for the appellant,
that the scheme of the 1996 Act does not grant any space or
make any provision as regards the applicability of CPC unlike the
Arbitration Act, 1940 (for short 'the 1940 Act') and in the absence
of any express provision, the legislative intendment is not to
make it applicable. It is his further submission that Sections 5,
34, 37 and 50 of the 1996 Act constitute a complete code and it clearly provides the measures for adjudging or deciding the
validity of an award or even to adjudge the defensibility of an
interim order. It is urged by him that recourse to any other
mode under the CPC to challenge an order or the award passed
under the Act would create an anomalous situation and frustrate
the intention of the legislature.;
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