Supreme Court of India
Fuerst Day Lawson Ltd. v. Jindal Exports Ltd.
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12 Supreme Court benches have cited this judgment.
What the Court ordered
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.
Judgment, page 62
From the headnote
Arbitration and Conciliation Act, 1996 - ss. 50 and 49 - Whether an order, though not appealable under s. 50 of the 1996 Act, would nevertheless be subject to appeal under the relevant provision of the Letters Patent of the High Court - Held: No letters patent appeal will lie against an order which is not appealable under s.50 of the 1996 Act - Conclusion regarding exclusion of letters patent appeal arrived at in two different ways; one, so to say, on a micro basis by examining the scheme devised by ss. 49 and 50 of the 1996 Act and the radical change that it brings about in the earlier
Authorities it was built on
- 2004 P.S. Sathappan (dead) by Lrs v. Andhra Bank Ltd. and Ors.
- 1961 Union of India v. Mohindra Supply Company
- 2003 Subal Paul v. Malina Paul and Anr.
- 1997 Vinita M. Khanolkar v. Pragna M. Pai and Ors.
- 1988 Upadhyaya Hargovind Devshanker v. Dhirendrasinh Virbhadrasinhji Solanki & Others
- 2002 Union of India and Ors. v. Aradhana Trading Co. and Ors.
- 1997 Mis. New Kenilworth Hotel (p) Ltd. v. Orissa State Finance Corporation and Ors.
- 2001 Chandra Kanta Sinha v. Oriental Insurance Co. Ltd. and Ors.
Where later benches applied it
- 2021 Chintels India Ltd. v. Bhayana Builders Pvt. Ltd.
- 2020 Noy Vallesina Engineering Spa, (now Known as Noy Ambiente S.p.a.) v. Jindal Drugs Limited & Ors.
- 2018 Kandla Export Corporation & Anr. v. M/s Oci Corporation & Anr.
- 2017 Union of India v. M/s. Simplex Infrastructures Ltd.
- 2023 M/s N. N. Global Mercantile Private Limited v. M/s Indo Unique Flame Ltd. & Ors.
- 2022 Jaycee Housing Pvt. Ltd. & Ors. v. Registrar (general), Orissa High Court, Cuttack & Ors
- 2022 The Secretary to Govt. of Kerala, Irrigation Department and Others v. James Varghese and Others
- 2021 Pasl Wind Solutions Private Limited v. Ge Power Conversion India Private Limited
- 2020 Government of India v. 1.vedanta Limited (formerly Cairn India Ltd.) 2. Ravva Oil (singapore) Pte. Ltd. 3. Videocon Industries Limited
- 2019 M/s Deep Industries Limited v. Oil and Natural Gas Corporation Limited & Anr.
- 2016 M/s Centrotrade Minerals & Metal Inc. v. Hindustan Copper Ltd.
- 2016 Arun Dev Upadhyaya v. Integrated Sales Service Ltd & Anr.
Of those, 4 relied on · 8 referred to
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