Patna High Court
the Companies ActversusHero Cycle Limited
- Decided
- Disposal
- CONVERTED
Holding
The appeal may be converted into a miscellaneous appeal under Section 37 of the Arbitration and Conciliation Act, 1996.
Summary
Hero Ecotech Limited filed Commercial Appeal No.16 of 2025 before the Patna High Court against Hero Cycle Limited and others. The court, comprising Justice Rajeev Ranjan Prasad and Justice Ritesh Kumar, entertained the appellant's prayer to convert the appeal into a miscellaneous appeal under Section 37 of the Arbitration and Conciliation Act, 1996. The judges directed that the necessary steps for conversion be completed within two weeks, including fresh stamp reporting. After compliance, the matter will be listed before an appropriate bench upon obtaining permission from the Chief Justice. No substantive merits of the dispute were adjudicated in this order.
Issues considered
- Whether the commercial appeal can be converted into a miscellaneous appeal under Section 37 of the Arbitration and Conciliation Act, 1996
Legislation cited
Subjects
- Arbitration
- Section 37
- Conversion of appeal
- Commercial appeal
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
COMMERCIAL APPEAL No.16 of 2025
======================================================
Hero Ecotech Limited, a Company incorporated under the provisions of the
Companies Act
... ... Appellant
Versus
Hero Cycle Limited and Others
... ... Respondents
======================================================
Appearance :
For the Appellant : Mr. Suraj Samdarshi, Advocate
Mr. Vijay Shankar Tiwari, Advocate
Ms. Abhilasha Jha, Advocate
For the Resp No. 1 & 2 : Mr. Mrigank Mauli, Sr. Advocate
Mr. Anjani Kumar Jha, Advocatte
Mr. Durga Das Bhatla, Advocate
Mr. Sanket Kumar, Advocate
Ms. Suberi Bhatt, Advocate
Ms. Anshika, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
and
HONOURABLE MR. JUSTICE RITESH KUMAR
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD)
3 12-01-2026 As prayed, learned counsel for the appellant is
permitted to convert this appeal into a miscellaneous appeal
under Section 37 of the Arbitration and Conciliation Act, 1996.
2. Let the necessary steps for conversion be taken
within two weeks from today whereafter fresh stamp reporting
shall be done and the matter will be listed before appropriate
Bench after seeking permission of Hon’ble the Chief Justice.
(Rajeev Ranjan Prasad, J)
( Ritesh Kumar, J)
SUSHMA2/-
U
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