In Domestic Arbitrations, if an Order is Not Appealable under Section 37(1) of The Arbitration Act, it would not be subject to Appeal under The Letters Patent of a High Court.
My Lord, Intra-Court Letters Patent Appeal [Clause 15 of The Letters Patent of High Court at Calcutta] against Single Judge Order on Application for Condonation of Delay, filed along with a Section 34 Petition?
“After Fuerst Day Lawson, (2011) 8 SCC 333, there is no scope to contend that the remedy of Letters Patent Appeal is available. This legal position has been restated in the recent decision of this Court (to which one of us was party, Justice Dipak Misra), in the case of Arun Dev Upadhyaya, (2016) 9 SCC 524.”
– Hon’ble Justice A.M. Khanwilkar, Union of India v. M/s. Simplex Infrastructures Ltd., [Civil Appeal Nos. 4892-2893 of 2017].