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2008 (2) TMI 627 - SC - Companies LawWhether the order dated 26-9-2006 of the CLB refusing to refer parties to arbitration under section 45 of the Arbitration Act was liable to be challenged to the forum under section 50 of the Arbitration Act or to the forum under section 10(1)(a) of the Companies Act? Held that:- Appeal dismissed. We are satisfied that the appellant has wrongly based its arguments on matters such as ouster of jurisdiction, overriding effect of special statute over general statute, overriding effect of subsequent statute etc. Since they have no application whatsoever to the matter in issue, there is no need to refer various decisions in those aspects. Ouster of jurisdiction arises only in regard to original jurisdiction and it cannot have any application to appellate jurisdiction as the one provided in section 50 of the Arbitration Act. The appeal is a statutory remedy and it can lie only to the specified forum. The appellate forum cannot be decided on the basis of cause of action as applicable to original proceedings such as suit which could be filed in any court where part of cause of action arises. Thus unable to accept the lengthy arguments advanced on the above-mentioned subject by the appellant. Likewise, the submission of the appellant, namely, the Arbitration Act being a special and subsequent statute has no relevance to the present case.
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