JUDGMENT

1. By this Appeal filed under Section 37 of the Arbitration and Conciliation Act, 1996, the appellant (original petitioner) has impugned the order dated 27th January, 2021 passed by the learned Single Judge in the Notice of Motion No. 1165 of 2019 inter-alia praying for stay of the Arbitral Award dated 26th November, 2018 passed by the sole Arbitrator.

2. Mr. Narichania, learned senior counsel for the respondent raises an issue of maintainability of this Appeal under Section 37 of the Arbitration and Conciliation Act, 1996 on the ground that the order impugned in this appeal is order passed in the notice of motion, seeking stay of the award under Section 36 of the Arbitration and Conciliation Act, 1996 and is not an appealable order under Section 37 of the Arbitration and Conciliation Act, 1996.

3. Mr. Sancheti, learned senior counsel for the appellant on the other hand would submit that the Notice of Motion No. 1165 of 2019 was filed by his client inter-alia praying for stay of the arbitral award in the Commercial Arbitration Petition No. 485 of 2019 which petition was filed under Section 34 of the Arbitration and Conciliation Act, 1996 and thus the Notice of Motion for stay