S.J. VAZIFDAR, , J.

1. A Division Bench of this Court, by an order dated 13th March, 2012, directed the office to place the papers before the Chief Justice for appropriate orders. The Division Bench opined that the following question ought to be referred for consideration to a larger bench.

“Whether an appeal under the provisions of clause 15 of the Letters Patent, against an order passed by the learned Single Judge of this Court in a civil suit in an application filed in that civil suit because of the provisions of section 8 of the Arbitration and Conciliation Act, is maintainable or not ?”

The learned Chief Justice constituted this Full Bench and referred the above question to it.

2. We have held that an appeal against an order in an application under section 8 is not maintainable under clause 15 of the Letters Patent. Our conclusion is based on principle and on authority. It is based on our interpretation of the Arbitration and Conciliation Act, 1996 in the framework in which it now stands. It is also based on precedent. The precedents are under the Arbitration Act, 1940 and under the 1996 Act.

3. It is not necessary to deal with the merits of the case and it is sufficient t