Mayank Goel v. Registrar, Indian Council of Arbitration

Delhi High Court · 25 Feb 2015 · 2015:DHC:11922
J. R. Midha
FAO 57/2015
2015:DHC:11922
civil appeal_dismissed

AI Summary

The Delhi High Court dismissed the appeal holding that a Regular Second Appeal is not maintainable against an order passed by a Single Judge in a Regular First Appeal, and no First Appeal against Order lies against such orders.

Full Text
Translation output
$-31 HIGH COURT OF DELHI
FAQ 57/2015 & CMs 3374-3375/2015
Date ofdecision : 25^ February .2015 DRKSSIDHU .....Appellant
Through: Mr. Mayank Goel, Adv.
VERSUS
THE REGISTRAR, INDINA COUNCIL OF ARBITRATION Respondent
Through:
CORAM
HON'BLE MR. JUSTICE J.R. MIDHA
JUDGMENT
(ORALI

1. The appellant has challenged the order dated 28^ November, 2014 passed bythe learned Single Judge of this Court holding that the Regular Second Appeal (RSA) is not maintainable against the order passed by the learned Single Judge ofthis Court in Regular First Appeal. The appellant has challenged the said order before this Court by terming itas aFirst Appeal against Order (FAO).

2. Learned counsel for the appellant could not show any provision of Code of Civil Procedure orDelhi High Court Rules as tohow FAO ismaintainable against an order passed by the learned Single Judge ofthis Court in RSA. That apart, the learned Single FAO 57/2015 Page 1 of[2] 2015:DHC:11922 Judge has not dismissed the RSA on merits. Learned Single Judge has held that the RSA is not maintainable in law. Learned counsel for the appellant could not show any infirmity inthe finding ofthe learned Single Judge with respect to the non-maintainability ofthe RSA.

3. This appeal is not maintainable in law and is therefore, hereby dismissed. The pending applications are also dismissed. FAO 57/2015 Page 2of[2] JR. MIDHA, J. FEBRUARY 25,2015 dk