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

The court set aside an arbitral award between Rao Realty and Sagar Builders under section 34. Rao Realty appealed under section 37(1)(c) and the appellate court dismissed the appeal. Rao Realty now wishes to file a further appeal to a higher appellate court under the Act and, alternatively, approach the Supreme Court. Which is correct?

No second appeal lies from an order passed in appeal under section 37, but section 37(3) preserves any right to appeal to the Supreme Court. So Rao Realty cannot file a further statutory appeal but may pursue Supreme Court remedies available in law.

  1. AA second appeal lies to the High Court as of right, with the Supreme Court barred
  2. BNo second appeal lies from the order passed in appeal, but any right to appeal to the Supreme Court is not taken awayCorrect
  3. CNeither a second appeal nor any Supreme Court remedy is available
  4. DA second appeal lies only if the award exceeds a specified amount

Explanation

Section 37(3) bars a second appeal from an order passed in appeal under section 37 but expressly preserves any right to appeal to the Supreme Court. The first option wrongly allows a second appeal and denies Supreme Court access.

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