Manmohan, J.

1. The present appeal has been filed under Section 39 of the Indian Arbitration Act, 1940 for setting aside the judgment and order dated 5th May, 2003 passed by learned Single Judge in Suit No. 266-A/2001.

2. At the outset, Mr. Madan Bhatia, learned Senior Counsel for the Respondent raised a preliminary objection to the maintainability of present appeal on the ground that under Section 39 of the Arbitration Act, 1940 appeals were maintainable only against the orders mentioned in Clauses (i) to (vi) of Section 39 (1). Section 39 of the Arbitration Act, 1940 is reproduced hereinbelow for ready reference:

39. Appealable orders. (1) An appeal shall lie from the following orders passed under this Act (and from no others) to the Court authorised by law to hear appeals from original decrees of the Court passing the order:

An order-

.(i) superseding an arbitration;

.(ii) on an award stated in the form of a special case;

(iii) modifying or correcting an award;

.(iv) filing or refusing to file an arbitration agreement;

.(v) staying or refusing to stay legal proceedings where there is an arbitration agreement;

.(vi) setting aside or refusing to set aside an award;

Pro