SANJIV KHANNA, J.:

1. These applications have been filed by ADM Interoceanic Limited, the respondent No. 2, for dismissal of the present appeals under Section 10F of the Companies Act, 1956 (hereinafter referred to as Companies Act, for short) filed by Vijay Sekhri and others. It is submitted that by the impugned orders dated 20th July, 2010 the Company Law Board (hereinafter referred to as CLB, for short) has allowed the applications under Section 45 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as Arbitration Act, for short) and these orders are not appealable under Section 50 of the Arbitration Act. Accordingly, the appeals under section 10F of the Companies Act are not maintainable, in view of the specific bar stipulated by Section 50 of the Companies Act.

2. The appellants have contested the applications. In the reply, reference is made to the pleas and contentions raised in the appeals on merits relating to challenge to the orders dated 20th July, 2010. It is submitted that all orders of CLB including an order wrongly referring the disputes to arbitration can be made subject matter of an appeal under Section 10F of the Companies Act. Section 50 of the Arbitration Act cannot control the scope and ambit of an appeal under Section 10F of the Companies Act. All orders of CLB are amiable and can be made subject matter of an appeal under Section 10F of Companies Act on questions of Law.

3. The present applications raise the issue of jurisdiction and scope of Section 50 of the Arbitration Act, Section 10F of the Companies Act and whether the impugned orders dated 20th July, 2010 passed by the CLB allowing the applications and referring the parties to arbitration can be assailed and challenged in an appeal under the said Section 10F of the Companies Act and whether Section 50 of the Arbitration Act bars/prohibits the present appeals.

4. Sections 45 and 50 of the Arbitration Act, are reproduced below:-

“45. Power of judicial authority to refer parties to arbitration.—Notwithstanding anything contained in Part I or in the Code of Civil Procedure, 1908 (V of 1908), a judicial authority, when seized of an action in a matter in respect of which the parties have made an agreement referred to in Section 44, shall, at the request of one of the parties or any person claiming through or under him, refer the parties to arbitration, unless it finds that the said agreement is null and void, inoperative or incapable of being performed.

50. Appealable orders.—(1) An appeal shall lie from the order refusing to—

(a) refer the parties to arbitration under Section 45;

(b) enforce a foreign award under Section 48;

to the Court authorised by law to hear appeals from such order.

(2) No second appeal shall lie from an order passed in appeal under this section, but nothing in this section shall affect or take away any right to appeal to the Supreme Court.”

5. Sections 10 and 10F of the Companies Act, read:-

“10. Jurisdiction of Courts.—(1) The Court having jurisdiction under this Act shall be—

(a) the High Court having jurisdiction in relation to the place at which the registered office of the company concerned is situate, except to the extent to which jurisdiction has been conferred on any District Court or District Courts subordinate to that High Court in pursuance of sub-section (2); and

(b) where jurisdiction has been so conferred, the District Court in regard to matters falling within the scope of the jurisdiction conferred, in respect of companies having their registered offices in the district.

(2) The Central Government may, by notification in the Official Gazette and subject to such restrictions, limitations and conditions as it thinks fit, empower any District Court to exercise all or any of the jurisdiction conferred by this Act upon the Court, not being the jurisdiction conferred—

(a) in respect of companies generally, by Sections 237, 391, 394, 395 and 397 to 407, both inclusive;

(b) in respect of comp