2011 (7) TMI 1275 - SUPREME COURT

Arbitration - an order not appealable u/s 50 - jurisdiction of the High Court under the Letters Patent - HELD THAT:- No letters patent appeal will lie against an order which is not appealable u/s 50 of the Arbitration and Conciliation Act, 1996. We, thus, arrive at the conclusion regarding the exclusion of a letters patent appeal in two different ways; one, so to say, on a micro basis by examining the scheme devised by sections 49 and 50 of the 1996 Act and the radical change that it brings about in the earlier provision of appeal u/s 6 of the 1961 Act and the other on a macro basis by taking into account the nature and character of the 1996 Act as a self-contained and exhaustive code in itself.

In the result, Civil Appeal No.36 of 2010 is allowed and the division bench order dated May 8, 2007, holding that the letters patent appeal is maintainable, is set aside.