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.