Krishiv Poly Products Llp v. M/S Mdp Enterprises & ORS.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ FAO (COMM) 247/2023 and CM APPL. 62341/2023 KRISHIV POLY PRODUCTS LLP ..... Appellant Through:

Mr Madhav Sinhal, Mr Abhishek Kedia and Mr Tanmay Mehta, Advocates.

versus M/S MDP ENTERPRISES & ORS.

..... Respondents Through:

Mr Rahul Sharma, Mr Swapnil Jain and Mr Rishav Sharma, Advocates.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU HON'BLE MS. JUSTICE TARA VITASTA GANJU

O R D E R

% 29.01.2024 1.

The appellant has filed the present appeal impugning an order dated 21.08.2023 (hereafter 'the impugned order') whereby the respondents' application under Section 8 of the Arbitration and Conciliation Act, 1996 (hereafter 'A&C Act') was allowed and the parties were referred to the arbitration.

2.

Consequently, the proceedings in the suit preferred by the appellant [Krishiv Poly Products LLP v. MDP Enterprises & Ors.: CS(COMM) 362/2022] was terminated.

3.

In terms of Section 37(1) of the A&C Act, an appeal would lie against an order recusing to refer the parties to arbitration under Section 8 of the A&C Act and no appeal would lie against an order referring the parties to arbitration. In terms of proviso to Section 13(1A) of the Commercial Courts Act, 2015 (hereafter 'the Commercial Courts Act'), an appeal under the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/06/2024 at 11:52:33

Commercial Courts Act would lie only against the orders that are, inter alia, enumerated under Section 37 of the A&C Act.

4.

The contention that an appeal would lie under Section 13(1A) of the Commercial Courts Act notwithstanding that the orders passed by the Commercial Court is not one of the orders enumerated under Section 37 of the A&C Act, is erroneous.

The issue is no longer res integra and is covered by the decision of the Supreme Court in Kandla Export Corporation & Anr. v. OCI Corporation & Anr.: (2018) 14 SCC 715. 5.

The appeal is, accordingly, dismissed. The pending application is also disposed of.

VIBHU BAKHRU, J TARA VITASTA GANJU, J JANUARY 29, 2024 RK The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/06/2024 at 11:52:33