Supreme Court · 2016 INSC 1059 · Decided 24 November 2016
Mahanagar Telephone Nigam LTD. v. M/S. Applied Electronics LTD.
- Court
- Supreme Court of India
- Citation
- 2016 INSC 1059 · [2016] 11 S.C.R. 227
- Case number
- CIVIL APPEAL No. 11584/2016
- Decided
- 24 November 2016
- Bench
- DIPAK MISRA, AMITAVA ROY (2-judge bench)
- Outcome
- Directions issued
- Case type
- Civil
- Acts & sections cited
- CPC Section 5, 34, 37; Arbitration Act Section 5, 34, 37, 41(a)
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 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 that the procedure of
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