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

The High Court, acting as the appellate court under section 59, dismissed Rohan Metals' appeal against refusal to enforce a foreign award. Rohan wishes to file a further appeal to a larger bench of the same High Court. What is the position?

No second appeal lies from an order passed in appeal under section 59, so a further appeal within the High Court is barred. However, section 59(2) saves any right to appeal to the Supreme Court, so that route remains open.

  1. AA second appeal lies within the High Court on a question of law
  2. BA second appeal lies if the award value is high
  3. CNo second appeal lies, but the right to appeal to the Supreme Court is not taken awayCorrect
  4. DNo further remedy of any kind exists, including before the Supreme Court

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. Hence the further appeal within the High Court fails, yet the Supreme Court route remains.

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