PRABIR KUMAR MAJUMDAR, J.

1. This is an appeal from an order dated 5th April, 1993 passed by a learned Judge of this court taking arbitration matters. The order under appeal is an order on the application taken out by the appellant under s. 41 of the Arbitration Act, 1940.

2. When the stay application and also the application for admission of the appeal was moved the respondents raised an objection as to the maintainability of the appeal. The objection is that the order under appeal is not an order appealable under s. 39 of the Arbitration Act, 1940. The appellant, however, contends that s. 39 takes within its ambit an order made under this Act. The submission of the appellant is that the order under appeal being an order made under s. 41 of the Arbitration Act is not an order under this Act, viz., the Arbitration Act, 1940. Therefore, according to the learned counsel for the appellant, s. 39 of the Arbitration Act is not applicable to the order from which this appeal is preferred. It is submitted on behalf of the appellant that if the order under appeal satisfies the test of judgment within the meaning of clause 15 of the Letters Patent then this court can entertain this app