Deciding Authority: The Supreme Court of India
Name of the Judges: R.C. LAHOTI & K.G. BALAKRISHNAN
Date of Judgement: 14/01/2002
Facts: This is a petition under Article 136 of the Constitution of India, seeking leave to file civil appeal against an appellate order of City Civil Court, Ahmedabad, passed under sub-Section (2) of Section 37 of the Arbitration and Conciliation Act, 1996.
Judgement: The Court is not inclined to entertain this special leave petition inasmuch as, in its opinion, an efficacious alternate remedy is available to the petitioner by way of filing a revision in the High Court under Section 115 of the Code of Civil Procedure. Merely because a second appeal against an appellate order is barred by the provisions of sub-Section (3) of Section 37, the remedy of revision does not cease to be available to the petitioner, for the City Civil Court deciding an appeal under sub-Section (2) of Section 37 remains a court subordinate to the High Court within the meaning of Section 115 of the C.P.C. In taking this view, the Court finds support from a decision of this Court in Shyam Sunder Agarwal and Co. v. Union of India, [1996] 2 SCC 132.
Decision: The special leave petition is dismissed.
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