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2016 (9) TMI 1610 - SC - Indian LawsMaintainability of intra-court appeal - Enforcement of the Award before the District Judge - Expressing disinclination to entertain the Civil Miscellaneous Application (Review) - Sections 47 and 49 of the Arbitration and Conciliation Act, 1996 - HELD THAT:- On a careful reading of the aforesaid provision, it is limpid that appeal can lie if an order is passed refusing to refer the parties to arbitration as engrafted Under Section 45 of the 1996 Act or to enforce a foreign award as envisaged Under Section 48 of the said Act. In the case at hand, the proceeding was initiated before the learned District Judge. During the pendency of the proceeding, the Explanation of Sub-section (2) of Section 47 of the 1996 Act was amended - In spite of the amendment, the learned District Judge passed an order. However, the Respondent moved the High Court and it was accepted by both the parties before the learned Single Judge that the District Judge had no jurisdiction and thereafter the learned Single Judge took up the matter and passed the order. The impugned judgment of the learned Single Judge Under Section 50(1)(b) of the 1996 Act is passed in the original side of the High Court. Be that as it may, Under Section 13 of the Act, the single Judge has taken the decision. Section 13 bars an appeal under Letters Patent unless an appeal is provided under the 1996 Act. Such an appeal is provided Under Section 5 of the Act. The Letters Patent Appeal could not have been invoked if Section 50 of the 1996 Act would not have provided for an appeal. But it does provide for an appeal. A conspectus reading of Sections 5 and 13 of the Act and Section 50 of the 1996 Act which has remained unamended leads to the irresistible conclusion that a Letters Patent Appeal is maintainable before the Division Bench. It has to be treated as an appeal Under Section 50(1) (b) of the 1996 Act and has to be adjudicated within the said parameters. The judgment of the High Court is affirmed, though for different reasons - appeal dismissed.
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