Bhartya Trading Co. Vs. the Controller of Stores, Punjab, Chandigarh - Court Judgment

Excerpt:
- sections 100-a [as inserted by act 22 of 2002], 110 & 104 & letters patent, 1865, clause 10: [dr. b.s. chauhan, cj, l. mohapatra & a.s. naidu, jj] letters patent appeal order of single judge of high court passed while deciding matters filed under order 43, rule1 of c.p.c., - held, after introduction of section 110a in the c.p.c., by 2002 amendment act, no letters patent appeal is maintainable against judgment/order/decree passed by a single judge of a high court. a right of appeal, even though a vested one, can be taken away by law. it is pertinent to note that section 100-a introduced by 2002 amendment of the code starts with a non obstante clause. the purpose of such clause is to give the enacting part of an overriding effect in the case of a conflict with laws mentioned with the.....order1. this petition must succeed on the short ground that the lower appellate court was not competent to entertain an appeal against the order under section 14 of the arbitration act, 1940, making the award a rule of the court2. all that i need to do is to refer to section 17 which is in the following terms:--'where the court sees no cause to remit the award or any of the matters referred to arbitration for reconsideration or to set aside the award, the court shall, after the time for making an application to set aside the award has expired, or such application having been made, after refusing it, proceed to pronounce judgment according to the award, and upon the judgment so pronounced a decree shall follow and no appeal shall lie from such decree except on the ground that it is in.....

Judgment:
ORDER

1. This petition must succeed on the short ground that the Lower Appellate Court was not competent to entertain an appeal against the order under Section 14 of the Arbitration Act, 1940, making the award a rule of the Court

2. All that I need to do is to refer to Section 17 which is in the following terms:--

'Where the Court sees no cause to remit the award or any of the matters referred to arbitration for reconsideration or to set aside the award, the Court shall, after the time for making an application to set aside the award has expired, or such application having been made, after refusing it, proceed to pronounce judgment according to the award, and upon the judgment so pronounced a decree shall follow and no appeal shall lie from such decree except on the ground that it is in excess of, or not otherwise in accordance with, the award.'

It is clear from this provision that when a judgment is pronounced in accordance with the award, no appeal lies therefrom excepting on the ground that it is in excess of, or not otherwise in accordance with, the award. The present appeal was not on that ground. The objection as to limitation was raised before the trial Court and the trial Court held that the application under Section 14 of the Act was within limitation. The only remedy available to the respondent was, in case the decision on the question of limitation was erroneous, to move this Court in revision and that was not done. Instead, an appeal was taken to the Lower Appellate Court. As the order of the Lower Appellate Court on appeal is without jurisdiction, there is no option but to quash it.

3. This petition is allowed and the decision of the Lower Appellate Court is set aside. The parties will bear their own costs.

4. Petition allowed.