Madras High Court
U-Trans vs Daimler Financial Services India ... on 4 February, 2021
O.S.A.No.48 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.02.2021
CORAM :
THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY
O.S.A.No.48 of 2021
1. U-Trans,
rep. by its Partner, Sirajahmed S.Umachigi,
No.2538, Ward No.1,
Corporation No.2528-45,
Coen Road,
Hubli - 580 020.
2. Sirajahmed, S.Umachigi,
No.120, USA Castle, New Badami Nagar,
Keshwapur, Hubli - 580 020.
3. Sabil Mohamed Umachigi,
No.2528, Ward No.1 Corporation No.2528-45,
Coen Road,
Hubli-580 020, Karnataka ... Appellants
Vs.
Daimler Financial Services India Pvt. Ltd.,
rep. by its Chief Manager Legal
Unbit 202, 2nd Floor, Campus 3b,
Rmz Millennia Business Park,
143, Dr.MGR Road, Perungudi,
Chennai - 600 096, India. ... Respondent
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O.S.A.No.48 of 2021
Prayer: Appeal filed under Order XXXVI Rule 1 of the Original Side
Rules read with Clause 15 of the Letters Patent against the order dated
20.07.2020 passed in Application No.8028 of 2019.
For Appellant : Mr.J.Srinivasa Mohan
JUDGMENT
(Delivered by the Hon'ble Chief Justice)
Since the order impugned is not appellable under Section 37
of the Arbitration and Conciliation Act, 1996 and the order has been
passed in exercise of the authority conferred under Section 29A
thereof, the appeal is dismissed as not maintainable.
2. An absurd argument is made that the appeal has not been
filed under Section 37 of the Act of 1996, but under Clause 15 of
the Letters Patent.
3. The argument has to be rejected out of hand. It is
elementary that the Act of 1996, being a consolidating and
amending Act, is a code by itself and no appeal can lie in respect of
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O.S.A.No.48 of 2021
orders passed in exercise of the authority thereunder except in
accordance with the provisions therewith.
4. In any event, it cannot be lost sight of that Section 37(1) of
the Act contains the following key words in parenthesis: “and from
no others”. When the governing law pertaining to a class of
matters precludes appeals other than in cases that are specified,
other sources of appellate authority cannot be discovered to bypass
the command of the governing statute.
O.S.A.No.48 of 2021 is dismissed with token costs of
Rs.1,000/- to be paid to the Tamil Nadu State Legal Services
Authority within a fortnight from date. Consequently,
C.M.P.No.1514 of 2021 is closed.
(S.B., CJ.) (S.K.R., J.)
04.02.2021
Index : Yes
sasi
To:
The Sub Assistant Registrar
Original SideHigh Court, Madras.
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https://www.mhc.tn.gov.in/judis/
O.S.A.No.48 of 2021
THE HON'BLE CHIEF JUSTICE
AND
SENTHILKUMAR RAMAMOORTHY, J.
sasi
O.S.A.No.48 of 2021
04.02.2021
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