https://www.taxtmi.com/caselaws?id=467390 An arbitral direction treated prima facie as an order under section 17 of the Arbitration and Conciliation Act, 1996 is challengeable by appeal under section 37, not by an application for variation or modification in a disposed proceeding. A procedurally misconceived application in the earlier proceeding was therefore not maintainable in its original form, but it was converted into an appeal to avoid technical defeat of the remedy and to allow the matter to proceed in accordance with law. The party was permitted to file a supplementary affidavit as a stay application and a memorandum of appeal within the time granted. en-us Mon, 19 Feb 2024 00:00:00 +0530 Tue, 17 Mar 2026 11:49:36 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=467390 An arbitral direction treated prima facie as an order under section 17 of the Arbitration and Conciliation Act, 1996 is challengeable by appeal under section 37, not by an application for variation or modification in a disposed proceeding. A procedurally misconceived application in the earlier proceeding was therefore not maintainable in its original form, but it was converted into an appeal to avoid technical defeat of the remedy and to allow the matter to proceed in accordance with law. The party was permitted to file a supplementary affidavit as a stay application and a memorandum of appeal within the time granted. Case-Laws Indian Laws Mon, 19 Feb 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=467390