Nirma Ltd v. M/s.lurgi L. Energietechnik Gmbh

1. This is a petition under Article 136 of the Constitution of India, seeking leave to file civil appeal against an appellate order of City Civil Court No.11, Ahmedabad, passed under sub-Section (2) of Section 37 of the Arbitration and Conciliation Act, 1996. We are not inclined to entertain the special leave petitioner inasmuch as, in our opinion, an efficacious alternate remedy is available to the petitioner by way of filing a revision in the High Court under Section 115 of the Code of Civil Procedure. Merely because a second appeal against an appellate order is barred by the provisions of sub-Section (3) of Section 37, the remedy of revision does not cease to be available to the petitioner, for the City Court deciding an appeal under sub-Section (2) of Section 37 remains a court subordinate to the High Court within the meaning of Section 115 of the C.P.C. In taking this view, we find support from a decision of this court in Shyam Sunder Agarwal & Co. vs. Union of India (1996) 2 SCC 132 [LQ/SC/1996/60] .

2. The special leave petition is, therefore, dismissed. The petitioner may file a revision before the High Court and in calculating the limitation, the petitioner shall be entitled to exclusion of time spent in this court, i.e., between the date of filing of the special leave petition and today.