Bavdekar, J. :- This is an appeal from a decision of Shah, J., on appeal from an order refusing to set aside an award. It is necessary to state the facts, because a preliminary point has been taken before us that Shah, J., having dismissed the appeal, no appeal lies now under the Letters Patent to a Division Bench of this Court. 2. Now, an appeal lies to a Division Bench of this Court from a judgment of a single Judge under the Letters Patent; but it is contended on behalf of the respondents that this right of appeal given by the Letters Patent is taken away by the provisions of S. 39, Arbitration Act. That section provides :

"An appeal shall lie from the following orders passed under this Act (and from no others) to the Court authorised by law to hear appeals from original decrees of the Court passing the order :

An Order :

(i) superseding an arbitration;

(ii) on an award stated in the form of a special case;

(iii) modifying or correcting an award;

(iv) filing or refusing to file an arbitration agreement;

(v) staying or refusing to stay legal proceedings where there is an arbitration agreement;

(vi) setting aside or refusing to set aside an award;

Provided that the provisions of t