Whether Cross Objection Can Be Filed Under Section 37 Of The Arbitration And Conciliation Act, 1996?

Introduction

Order 41, Rule 22¹ of the Civil Procedure Code, 1908 ("CPC") allows a party that has not preferred an appeal against a decree, to file a cross objection against the unfavourable part of the decree, which it could have taken by way of an appeal. Hence, instead of filing a separate appeal, the party files a cross objection in the appeal preferred by the other party, against an unfavourable part of the decree.

The cross objection under Order 41, Rule 22 of the CPC is treated as a separate appeal and is disposed of on the same principles of Appeal from Original Decree in accordance with Order 41² of the CPC.³

In this article authors have endeavoured to explain the concept of Cross Objection w.r.t Appeal filed under Section 37⁴ of the Arbitration and Conciliation Act, 1996, ("the Arbitration and Conciliation Act"). This article deliberates on the following issues:-