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Report No. 76

7.2. Section 21 and Appellate Court.-

Previously, there was some controversy as to the question whether an appellate court could refer a matter under dispute to arbitration for decision. That has been settled by a decision of the Supreme Court,1 which answers the question in the affirmative, and holds that "court" includes an appellate court, and "suit" includes an appeal. We think that this proposition should be codified and recommend that in sections 21 and 24 and in the heading of the Chapter, wherever the word "suit" occurs, the words "or appeal" be added.

1. Nachiappa v. Subramaniam, AIR 1960 SC 307 (317), para. 36.

Arbitration Act, 1940 Back

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