https://www.taxtmi.com/caselaws?id=397702 An order of the NCLT refusing reference to arbitration while acting as a judicial authority under the Arbitration and Conciliation Act, 1996 is not appealable under Section 421 of the Companies Act, 2013. The appellate remedy under Section 421 is confined to orders passed by the Tribunal in its statutory capacity under the Companies Act, whereas a refusal to refer disputes to arbitration must be challenged under the forum and procedure provided by the arbitration law. The proceeding therefore failed on maintainability for want of proper forum, leaving the aggrieved party to pursue the remedy available under the Arbitration and Conciliation Act, 1996. en-us Thu, 06 Feb 2020 00:00:00 +0530 Thu, 27 Aug 2020 10:34:22 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=397702 An order of the NCLT refusing reference to arbitration while acting as a judicial authority under the Arbitration and Conciliation Act, 1996 is not appealable under Section 421 of the Companies Act, 2013. The appellate remedy under Section 421 is confined to orders passed by the Tribunal in its statutory capacity under the Companies Act, whereas a refusal to refer disputes to arbitration must be challenged under the forum and procedure provided by the arbitration law. The proceeding therefore failed on maintainability for want of proper forum, leaving the aggrieved party to pursue the remedy available under the Arbitration and Conciliation Act, 1996. Case-Laws Companies Law Thu, 06 Feb 2020 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=397702