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2006 (11) TMI 674 - SC - Indian LawsArbitration Award - invoked an arbitration Clause 23 - Application filled u/s 11 - contract for execution of canal repair work - served notice u/s 14 - seeking termination of his mandate on the ground that the earlier Arbitrator has already given his award - Jurisdiction of High Court to hear the appeal as in terms of Sub-section (2) of Section 37 - HELD THAT:- The consequences of the statutory embargo would ensue but then the question will have to be considered as and when occasion arises therefor. Sub-section (2) of Section 37 of the 1996 Act prescribes for an appeal to a court. We do not see any reason as to why having regard to its plain language, the definition of "court" shall not be put into service. It may be true that the interpretation clause provides for "unless the context otherwise requires". If application of the interpretation clause contained in Section 2 of the 1996 Act shall lead to anomalous and absurd results, one may not stick to the definition but we do not think that such a case has been made out. Section 42 of the 1996 Act refers to applications and not to appeals. Reliance placed by the learned counsel on M/s. Guru Nanak Foundation v. M/s. Rattan Singh and Sons [(1981) 4 SCC 634] is not apposite. Therein, the court was dealing with a provision of Sub-section (4) of Section 31 of the 1940 Act and as the appointment was made by the High Court, it was held that an application for setting aside of the award in terms of Sub-section (4) of Section 31 of the 1940 Act would lie before this Court. There exists a distinction between an appeal and an application. Whereas Section 31(4) of the 1940 Act or Section 42 of the 1996 Act provides for an application, Sub-section (2) of Section 37 of the 1996 Act provides for a statutory appeal. A forum of an appellate court must be determined with reference to the definition thereof contained in the 1996 Act. We, therefore, see no reason to differ with the High Court. The appeal is dismissed.
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