Y. Chandrasekhara Rao Vs. South Central Railway & Anr.
EmailAppeal: Petition(s) for Special Leave to Appeal (Civil) No. 20123/1998
(From the Judgment and Order dated 22/07/1998 in AA-35/97 of the High Court of A.P. at Hyderabad)
With SLP (C) Nos. 20868-20869/1998 & SLP (C) Nos. 21063-21064/1998.
(From the Judgment and Order dated 22/07/1998 in AA-35/97 of the High Court of A.P. at Hyderabad)
With SLP (C) Nos. 20868-20869/1998 & SLP (C) Nos. 21063-21064/1998.
Petitioner: Y. Chandrasekhara Rao
Respondent: South Central Railway & Anr.
Apeal: Petition(s) for Special Leave to Appeal (Civil) No. 20123/1998
(From the Judgment and Order dated 22/07/1998 in AA-35/97 of the High Court of A.P. at Hyderabad)
With SLP (C) Nos. 20868-20869/1998 & SLP (C) Nos. 21063-21064/1998.
(From the Judgment and Order dated 22/07/1998 in AA-35/97 of the High Court of A.P. at Hyderabad)
With SLP (C) Nos. 20868-20869/1998 & SLP (C) Nos. 21063-21064/1998.
Judges: S.B. MAJMUDAR, D.P. MOHAPATRA & YOGESH KUMAR SABHARWAL, JJ.
Date of Judgment: Jan 31, 2000
Appearances:
Dr. A.M. Singhvi, Senior Advocate, Mr. Nasser Kabir, Ms. Meenakshi Arora, Advocates for the Petitioners.
Mr. Mukul Rohtagi, ASG, Mr. P.P. Malhotra, Senior Advocate, Ms. B. Sunita Rao, Mrs. Anil Katiyar, Mr. D.S. Mehra, Advocates for the Respondents.
Head Note:
ARBITRATION
Arbitration Act, 1940
Sections 20,39 – Orders passed by Single Bench falling under Section 20 – Appeal to Division Bench permis-sible under Section 39. Held that matter is relegated to that position/remedy. Benefit of Section 14 of Limitation Act.
(Paras 1,2)
JUDGEMENT:
ORDER
1. Having heard learned counsel for the parties we find that the orders passed by the learned Single Judge have to be treated to have been passed under Section 20 of the Arbitration Act of 1940. Consequently, these orders immediately become appealable to Division Bench of the High Court under Section 39 and we, rele-gate the petitioner to that remedy.
2. It is obvious that the time taken in pursuing these Special Leave Petitions will be available to the petitioner for getting it excluded under Section 14 of the Limitation Act while appeals are filed.
3. The Special Leave Petitions are disposed of accordingly.
1. Having heard learned counsel for the parties we find that the orders passed by the learned Single Judge have to be treated to have been passed under Section 20 of the Arbitration Act of 1940. Consequently, these orders immediately become appealable to Division Bench of the High Court under Section 39 and we, rele-gate the petitioner to that remedy.
2. It is obvious that the time taken in pursuing these Special Leave Petitions will be available to the petitioner for getting it excluded under Section 14 of the Limitation Act while appeals are filed.
3. The Special Leave Petitions are disposed of accordingly.
