In Domestic Arbitrations, if an order is not appealable under Section 37(1) of The Arbitration Act, it would not be subject to appeal under The Letters Patent of a High Court.
Is an order of a Single Judge, on an application under Section 34(3) of The Arbitration Act, appealable to a Division Bench?
Does an Intra-Court Letters Patent Appeal (U./Clause 15 of The Letters Patent of High Court at Calcutta) lie against an order passed by a Single Judge on an application for condonation of delay filed along with a petition (for setting aside an Arbitration Award) under Section 34 of The Arbitration Act?
“After Fuerst Day Lawson, (2011) 8 SCC 333, there is no scope to contend that the remedy of Letters Patent Appeal is available… this legal position has been restated in the recent decision of this Court (to which one of us was party, Justice Dipak Misra), in the case of Arun Dev Upadhyaya, (2016) 9 SCC 524.”
– Hon’ble Justice A.M. Khanwilkar, Union of India v. M/s. Simplex Infrastructures Ltd., [Civil Appeal Nos. 4892-2893 of 2017].