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CS Professional · Arbitration, Mediation and Conciliation · Challenge to Award and Appeals

A High Court appellate bench dismissed Bharat Steels' appeal under section 59 against refusal to enforce a foreign award. Bharat Steels wishes to challenge this further. What does section 59(2) provide?

Section 59(2) bars any second appeal from an order passed in appeal under that section, but it does not take away any right to appeal to the Supreme Court. Bharat Steels therefore cannot file a second appeal but may approach the Supreme Court.

  1. ANo second appeal lies, but the right to appeal to the Supreme Court is not affectedCorrect
  2. BA second appeal lies to a larger bench of the same court
  3. CNo further challenge of any kind lies, including to the Supreme Court
  4. DA second appeal lies only with the Supreme Court's prior consent under section 59(2)

Explanation

Section 59(2) bars a second appeal from an order passed in appeal under the section, but expressly preserves any right to appeal to the Supreme Court. Option three ignores this saving.

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