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2001 Supreme(Del) 429

DEVENDER GUPTA, MUKUL MUDGAL
VIDYAWATI CONSTRUCTION – Appellant
Versus
RAIL INDIA TECHNICAL AND ECONOMIC SERVICES LIMITED – Respondent


Advocates Appeared:
Anil Seth, S.C.AGRAWAL, Sandip Sharma

DEVINDER GUPTA

( 1 ) THE order passed on 11/2/1999 by learned single Judge dismissing the application of appellant filed under Section 11 (6) of the Arbitration and conciliation Act, 1996 (hereinafter referred to as the act) is under challenge in this appeal.

( 2 ) A preliminary objection has been raised to the maintainability of the appeal on behalf of the respondent. It has been urged that under Section 37 of the Act legislature has restricted the right of appeal. Appeal is maintainable only against the orders as are specified in the said provision making it clear that appeal shall not lie from any other order. Order being one passed on an application moved under Section 11 (6) of the Act appeal is not maintainable.

( 3 ) THE facts in brief are that work of construction of Government Girls Polytechnic Hostel at allahabad was awarded by respondent to the appellant on 6/3/1992. Stipulated date of completion was 5/3/1993. Disputes are stated to have arisen between the parties in respect of payment of final bill, security deposit and wrongful deduction etc. for which arbitration clause 47 was invoked by the appellant through letter dated 6/2/1997 with a request to the competent author







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