Richa Kar & Anr vs Actoserba Active Wholesale Pvt. Ltd. & ...
- CitationCompany Appeal (AT) No. 03 of 2019
Ratio decidendi
The rule this decision rests on
The order disposes of the appeal on a single point of appellate jurisdiction, adopting the reasoning of an earlier decision of this Tribunal. The rule it rests on is that an order of the National Company Law Tribunal referring a matter under Section 8 of the Arbitration and Conciliation Act, 1996 to arbitration is not appealable to the National Company Law Appellate Tribunal under Section 421 of the Companies Act, 2013; the appeal is therefore not maintainable and is dismissed. The order states no independent reasoning of its own beyond following that earlier decision, and it expresses no view on the merits of the underlying dispute.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
Richa Kar & Anr. ...Appellants
Vs.
Actoserba Active Wholesale Pvt. Ltd. & Ors. ...Respondents
Present: For Appellants: - Mr. Nikhil Nayyar, Mr. Arun Srikumar, Mr. Kaustav Saha and Mr. Naveen Hegde, Advocates.
For Respondents:- Mr. Vikram Hegde, Advocate for R-1.
Mr. Arun Kathpalia, Senior Advocate with Mr. Saransh Jain and Mr. Nithin Pavulluri, Advocates for R2-4 and R7- 12.
Mr. Ashim Sood, Ms. Anuradha Agnihotri and Ms. Aanchal Kapoor, Advocates for R6- R14.
ORDER
11.01.2019─ This appeal has been preferred by the Appellant
against the order dated 11th December, 2018 passed by the National
Company Law Tribunal, Bengaluru Bench, Bengaluru, whereby and
whereunder the application under Section 8 of the Arbitration &
Conciliation Act, 1996 preferred by the Respondents has been referred to
Arbitrator.
2. In the case of "Thota Gurunath Reddy and Ors. v. Continental
Hospitals Pvt. Ltd. & Ors.─ Company Appeal (AT) No. 160 of 2017;
[2018] 209 CompCas 518", this Appellate Tribunal has already held
that against the reference of the arbitration, no appeal lies before this
Appellate Tribunal under Section 421 of the Companies Act, 2013.
Contd/-..............
-2- Following the decision of the "Thota Gurunath Reddy and Ors. v.
Continental Hospitals Pvt. Ltd. & Ors." (Supra), we dismiss the appeal
being not maintainable. No cost.
We have mentioned that we have not expressed any opinion with
regard to the merits of the case which may be raised before the
appropriate jurisdiction.
(Justice S.J. Mukhopadhaya) Chairperson
(Justice Bansi Lal Bhat) Member(Judicial) Ar/g
Company Appeal (AT) No. 03 of 2019
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