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september 1961

Supreme Court of India · 1961-09-05

UNION OF INDIA vs MOHINDRA SUPPLY COMPANY

Citation / case number
SC 1958/169
Court
Supreme Court of India
Petitioner
UNION OF INDIA
Respondent
MOHINDRA SUPPLY COMPANY
Bench
SHAH, J.C.

Judgment text excerpt

The Supreme Court held that Section 39(2) of the Indian Arbitration Act, 1940 prohibits a Letters Patent appeal against an order passed under Section 39(1). The Court clarified that 'second appeal' in Section 39(2) includes appeals under the Letters Patent and applies to intra-court appeals as well. The judgment of the Single Judge was set aside, restoring the order of the Subordinate Judge, thereby affirming the interpretation of the statute without predisposition towards prior law.

UNION OF INDIA vs MOHINDRA SUPPLY COMPANY · Niyam