https://www.taxtmi.com/caselaws?id=277426 A cryptic appellate order in an arbitration matter was found unsustainable because it did not record the factual controversy, rival contentions, relevant provisions, or reasons for rejecting the challenge. Where the appeal was heard in the absence of both sides, Order XLI Rule 17 CPC applied, and its explanation bars dismissal on merits in that situation; the proper remedy for an aggrieved party is readmission under Order XLI Rule 19 CPC. The High Court was therefore required to pass a reasoned order dealing with the issues arising from the arbitral award and the District Judge's order. The matter was remanded for fresh decision on merits. en-us Wed, 05 Jul 2017 00:00:00 +0530 Tue, 04 Dec 2018 08:55:56 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=277426 A cryptic appellate order in an arbitration matter was found unsustainable because it did not record the factual controversy, rival contentions, relevant provisions, or reasons for rejecting the challenge. Where the appeal was heard in the absence of both sides, Order XLI Rule 17 CPC applied, and its explanation bars dismissal on merits in that situation; the proper remedy for an aggrieved party is readmission under Order XLI Rule 19 CPC. The High Court was therefore required to pass a reasoned order dealing with the issues arising from the arbitral award and the District Judge's order. The matter was remanded for fresh decision on merits. Case-Laws Indian Laws Wed, 05 Jul 2017 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=277426