Need Judgements---plz urgently
Rekha.....
(Querist) 17 November 2010
This query is : Resolved
Respected Sirs/Ma’am
Pl appreciate this very urgently V need this on 19th Nov.Help us..Urgently
THIS QUERY ON BEHALF OF MY COLLEAGUE NIRMAL PATEL
We are Defendant in original Suit and Respondent in present Appeal.
The Plaintiff filed the suit and prayed for injunction restraining defendant from repossessing the asset (financed vehicle) otherwise than due course of law.
In the original suit defendant filed application in civil court (J.D.) under sec.151 of CPC that proceedings of the said suit should be stayed and direct the plaintiff to avail efficacious remedy available under the Arbi. Act 1996 and to approach the competent court of jurisdiction for the appointment of Arbitrator. ------ Trial Court grants the application and passed the order. 1) The present application is allowed 2) The plaintiff is directed to approach the competent court of jurisdiction. 3) no order of cost.
Against this order the Original plaintiff filed Appeal in District Court. But the Hon’ble District Court itself raise the question to the Plaintiff/Appellant that his appeal is tenable? Than prove and also state that this District court has no jurisdiction and revision is tenable only in High court.
Now as a Respondent I need some judgments that the district court is right by raising this question to the Appellant.
Devajyoti Barman
(Expert) 17 November 2010
The District court is right as only Revision lies against such order and the appeal is not maintainable.
Parveen Kr. Aggarwal
(Expert) 18 November 2010
An appeal is a creation of statute and unless expressly provided, no person has inherent right of appeal. Section 37 of the Arbitration and Conciliation Act, 1996 provides for appealable orders. Section 37(1) reads as under:
"(1)An appeal shall lie from the following orders (and from no others) to the Court authorised by law to hear appeals from original decrees of the Court passing the older, namely:-
(a)granting or refusing to grant any measure measure under section 9;
(b) setting aside or refusing to set aside an arbitral award under section 34."
Similarly Section 104 and Order 43, Rule 1 of the Code of Civil Procedure, 1908 provides for appealable orders. The order in the nature stated in the query is not appealable under any of the said provisions.
Rekha.....
(Querist) 19 November 2010
Thanks to all. V r lookin forward to u for every legal help
