{"id":9206,"date":"2026-07-27T11:50:37","date_gmt":"2026-07-27T11:50:37","guid":{"rendered":"https:\/\/lawsandlegals.com\/english\/?p=9206"},"modified":"2026-07-27T11:50:39","modified_gmt":"2026-07-27T11:50:39","slug":"section-363-orders-not-appealable-commercial-courts-act-doesnt-confer-independent-right-of-appeal-says-rajasthan-hc","status":"publish","type":"post","link":"https:\/\/lawsandlegals.com\/english\/section-363-orders-not-appealable-commercial-courts-act-doesnt-confer-independent-right-of-appeal-says-rajasthan-hc\/","title":{"rendered":"Section 36(3) Orders Not Appealable; Commercial Courts Act Doesn’t Confer Independent Right of Appeal says Rajasthan HC"},"content":{"rendered":"\n

Jaipur:<\/strong> In a significant ruling reinforcing the limited scope of appellate remedies under the Arbitration and Conciliation Act, 1996, the Rajasthan High Court has held that an order passed by a Commercial Court under Section 36(3) granting or refusing a stay on the enforcement of an arbitral award is not appealable under Section 37 of the Act.<\/p>\n\n\n\n

The Court clarified that Section 13 of the Commercial Courts Act, 2015 does not create any independent right of appeal against such orders.<\/p>\n\n\n\n

A Division Bench comprising Justice Arun Monga and Justice Maneesh Sharma delivered the judgment while dismissing an appeal filed by the Rajasthan State Warehousing Corporation against an order of the Commercial Court, Jaipur. <\/p>\n\n\n\n

The Commercial Court had stayed the enforcement of an arbitral award subject to the Corporation depositing the entire awarded amount of \u20b96.80 crore, with 50% of the amount to be released to the respondent upon furnishing an undertaking and the remaining 50% to remain in a fixed deposit.<\/p>\n\n\n\n

The dispute arose from a Public-Private Partnership (PPP) agreement executed in June 2020 between the Rajasthan State Warehousing Corporation and Origo Commodities India Pvt. Ltd. for the joint operation and management of warehouses. Following disputes, the matter was referred to arbitration, resulting in an arbitral award dated June 3, 2025, in favour of the respondent. <\/p>\n\n\n\n

Challenging the award, the Corporation initiated proceedings under Section 34 of the Arbitration Act and simultaneously sought a stay under Section 36.<\/p>\n\n\n\n

The Corporation argued that the Commercial Court had exercised its discretion arbitrarily by directing a 100% deposit of the award amount without considering the prima facie merits of its challenge or the financial burden on a government undertaking. <\/p>\n\n\n\n

It contended that the Court treated the arbitral award as an ordinary money decree and failed to consider less onerous alternatives such as a bank guarantee or undertaking.<\/p>\n\n\n\n

The appellant also maintained that the award was patently illegal and deserved an unconditional stay.<\/p>\n\n\n\n

The Division Bench, however, held that the appeal itself was not maintainable. It observed that Section 37 of the Arbitration and Conciliation Act expressly specifies the orders against which an appeal lies and uses the words “and from no others,” making the provision exhaustive. Since an order under Section 36(3) is not included among the appealable orders, no appeal can be entertained.<\/p>\n\n\n\n

The Court further observed that permitting appeals against every conditional stay order under Section 36(3) would frustrate the objective of the 2015 amendments to the Arbitration Act, which were introduced to eliminate automatic stays and ensure speedy enforcement of arbitral awards with minimal judicial interference<\/p>\n\n\n\n

The appeal was accordingly disposed of as not maintainable, with liberty to the appellant to pursue any other remedy available in law.<\/p>\n\n\n\n

<\/p>\n","protected":false},"excerpt":{"rendered":"

Jaipur: In a significant ruling reinforcing the limited scope of appellate remedies under the Arbitration and Conciliation Act, 1996, the Rajasthan High Court has held that an order passed by a Commercial Court under Section 36(3) granting or refusing a stay on the enforcement of an arbitral award is not appealable under Section 37 of … Read more<\/a><\/p>\n","protected":false},"author":2,"featured_media":9184,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_wppp_is_locked":false,"_wppp_selected_plans":[],"footnotes":""},"categories":[69,29],"tags":[382,1448,1701,1452,357,1704,1449,1706,1254,1510,48,1707,43,1705,1703,1700,1702],"class_list":["post-9206","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-rajasthan-high-court","category-top-stories","tag-arbitral-award","tag-arbitration-act","tag-arbitration-and-conciliation-act-1996","tag-arbitration-law","tag-commercial-court","tag-commercial-courts-act","tag-commercial-litigation","tag-india-law","tag-justice-arun-monga","tag-justice-maneesh-sharma","tag-legal-news","tag-origo-commodities-india-pvt-ltd","tag-rajasthan-high-court","tag-rajasthan-state-warehousing-corporation","tag-section-36","tag-section-37","tag-stay-of-award"],"_links":{"self":[{"href":"https:\/\/lawsandlegals.com\/english\/wp-json\/wp\/v2\/posts\/9206","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/lawsandlegals.com\/english\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/lawsandlegals.com\/english\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/lawsandlegals.com\/english\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/lawsandlegals.com\/english\/wp-json\/wp\/v2\/comments?post=9206"}],"version-history":[{"count":1,"href":"https:\/\/lawsandlegals.com\/english\/wp-json\/wp\/v2\/posts\/9206\/revisions"}],"predecessor-version":[{"id":9207,"href":"https:\/\/lawsandlegals.com\/english\/wp-json\/wp\/v2\/posts\/9206\/revisions\/9207"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/lawsandlegals.com\/english\/wp-json\/wp\/v2\/media\/9184"}],"wp:attachment":[{"href":"https:\/\/lawsandlegals.com\/english\/wp-json\/wp\/v2\/media?parent=9206"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/lawsandlegals.com\/english\/wp-json\/wp\/v2\/categories?post=9206"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/lawsandlegals.com\/english\/wp-json\/wp\/v2\/tags?post=9206"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}