JUDGMENT

I. P. Mukerji, J. - We heard out the appeal on the point of maintainability. It is this. This appeal under Clause 12 of the Letters Patent from the judgment and order dated 7th February, 2022 of the learned single judge directing security to be furnished as a condition precedent to stay of the impugned award, does not lie before a Division Bench of this court. If the respondents succeed on this point, the question of hearing out the appeal on merits does not arise.

It would appear from the cause title of the application before the learned trial court, that it was described as one under Section 36(2) and (3) of the arbitration and Conciliation act, 1996. The prayers were also in accordance with those sections asking for stay of operation of the arbitral award dated 1st October, 2009 as corrected by the learned arbitrator's order dated 3rd December, 2019.

The learned single judge by his judgment and order dated 7th February, 2022 rejected the offer of the appellant/ petitioner to furnish security in the form of an immovable property. If they could furnish a bank guarantee for Rs.7.93 crores to the satisfaction of the learned Registrar, Original Side within two weeks from the d