LPA Not Maintainable Against Single Judge Order in Arbitration Execution; Notice to Legal Representatives Under Order 21 Rule 22 CPC Mandatory: Supreme Court

The Supreme Court has held that a Letters Patent Appeal (LPA) is not maintainable against an order passed by a Single Judge in the course of executing an arbitral award, as the Arbitration and Conciliation Act, 1996 (the Act) is a self-contained code. The Court further ruled that the issuance of a notice under Order 21 Rule 22 of the Code of Civil Procedure (CPC) is a mandatory condition precedent to jurisdiction when execution is sought against the legal representative of a deceased judgment debtor.

A Bench comprising Justice Sanjay Kumar and Justice Alok Aradhe quashed the orders of the Division Bench of the Bombay High Court which had entertained Letters Patent Appeals and stayed the execution proceedings initiated by the appellant.

Background of the Case

The dispute arose from