Supreme Court of India
Mahanagar Telephone Nigam Ltd. v. M/s. Applied Electronics Ltd.
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What the Court ordered
We hold that by taking cross objection what is being exercised is the right of appeal itself, it follows that the subject matter of cross objection and the relief sought therein must conform to the requirement of Section 39(1 ).
Judgment, page 11
From the headnote
Arbitration and Conciliation Act, 1996 - ss.5, 34, 37 - Code of Civil Procedure, 1908 - Applicability of - To appeal u/s. 37 of the 1996 Act - Cross objection by respondent, if maintainable - Held: The 1996 Act is a complete code and s.5 of the same in categorical terms along with other provisions, lead to definite conclusion that no other provision can be attracted - Thus, in the scheme of the 1996 Act, the application of CPC' is not conceived of and, therefore, as a natural corollary, a cross objection cannot be entertained - Distinction from the scheme of 1940 Act, s . ./ 1 of which states
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