Mausumi Overseas Pvt. Ltd. And 2 ORS. v. The State Trading Corporation Of India Ltd. And 2 ORS.

APPL. 52, 53-14 VPH

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORIDINARY ORIGINAL CIVIL JURISDICTION APPEAL (L) No. 52 OF 2014 IN NOTICE OF MOTION No. 1698 OF 2012 IN SUIT No. 1885 OF 2011 WITH NOTICE OF MOTION (L) No. 205 OF 2014 AND APPEAL (L) No. 53 OF 2014 IN NOTICE OF MOTION No. 1697 OF 2012 IN SUMMARY SUIT No. 1924 OF 2011 WITH NOTICE OF MOTION (L) No. 206 OF 2014 Mausumi Overseas Pvt. Ltd. & Ors.

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Appellants Vs.

The State Trading Corporation of India & Ors.

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Respondents *** Mr. A. H. Kanojia a/w Pukit Sharma i/b P. N. Patwardhan, for the Appellants.

Ms. Suvedita I. Shah, for Respondent No. 1..

*** CORAM : V. M. KANADE, & Dr. SHALINI PHANSALKAR-JOSHI, JJ.

DATE : OCTOBER 7, 2015 PC.

1.

In view of the Full Bench judgment (dated 27.11.2014) 1 / 2

APPL. 52, 53-14 of this Court in the case of Conros Steels Pvt. Ltd., Mumbai, Appellants Vs. Lu Qin (Hong Kong) Co. Ltd., Hong Kong & Ors., Respondents [2015(1) Mh. L.J. 434], appeal against the order of rejection of motion taken out under Section 8 of the Arbitration & Conciliation Act, 1996 is not maintainable. In the said case, Full Bench of this Court held that an appeal against an order passed in an application under Section 8 of the Arbitration & Conciliation Act, 1996 is not maintainable under clause 15 of the Letters Patent being barred by the provisions of Section 37 of the said Act. Reserving the right of the Appellants to challenge the same before the Apex Court, both appeals are disposed of. All contentions raised by the parties in both the appeals are kept open.

2.

In view of disposal of the appeals, Notice of Motion (L) Nos. 205 of 2014 and 206 of 2014, taken out in the corresponding appeals do not survive and are accordingly disposed of. Sd/- Sd/- [Dr. SHALINI PHANSALKAR-JOSHI, J.] [V. M. KANADE, J.] Vinayak Halemath 2 / 2