08 October 2021, Friday

2 years ago

Tribunal’s procedural order for costs is not appealable. The remedy lies before the tribunal itself (Madras High Court)

27 August 2021 | Bharat Heavy Electricals Ltd. v. ANCL & Co. India Pvt. Ltd. | CMA No. 2447 of 2021 | Abdul Quddhose J | 2021 SCC OnLine Mad 4906

The tribunal imposed costs of fifty thousand rupees (presumably) for the delay in filing the statement of defence and ordered that the statement of defence shall not be received until the payment was made. This was challenged in an appeal under Section 37 ACA, dismissing which the court ruled that the remedy was to approach the tribunal under Section 17 (1) (e) ACA and seek a waiver of the payment.

Read the judgment here.

BACK Back to List Page

connect with us: