The Kerala High Court recently stated that the High Court shall admit and hear a second appeal under Order XLII Rule 1,2 read with Section 100 CPC only on substantial question of law and not on.
A Division Bench of the Supreme Court, while hearing an appeal, re-iterated the established position of law related to Section 100 of the CPC. The Court observed that the provision clearly indicates.
As important as it is to expeditiously dispose the pending Constitution Bench matters, it is critical that the Supreme Court settles the jurisprudence on what in fact constitutes a Constitution Bench matter.
A Bench comprising of
Navin Sinha and
KM Joseph observed that an application under Section 34 of the Arbitration and Conciliation Act to set aside an award is covered by moratorium under Section 14 of the Insolvency and Bankruptcy Code.
Section 34 proceeding is a proceeding against the corporate debtor in a court of law pertaining to a challenge to an arbitral award and would be covered just as an appellate proceeding in a decree from a suit would be covered, the bench headed by Justice RF Nariman observed in the judgment titled P Mohanraj & Ors. v. M/s Shah Brothers Ispat Ltd.