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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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