2013 Supreme(Raj) 2329

RAJASTHAN HIGH COURT AT JAIPUR BENCH
Bela M.Trivedi, J.
Union of India and Ors. - Appellant
Versus
Shri Vijay Electricals - Respondent
S.B. Civil Misc. Appeal No. 3948 of 2011.
Decided On : 19-12-2013

The main legal point established in the judgment is the limited scope of appeal under Sec. 37 of the Arbitration & Conciliation Act, 1996, which only applies to specific orders related to measures under Sec. 9 or setting aside of arbitral awards under Sec. 34.

Headnote:

Sec. 37 - Arbitration & Conciliation Act, 1996 - Appeal against order of executing Court - Dismissal of application seeking stay of execution of the award under Order 21, Rule 26 of CPC

Fact of the Case:

The appellants filed an appeal under Sec. 37 of the Arbitration & Conciliation Act, 1996, challenging the order of the executing Court which dismissed their application seeking stay of execution of the award under Order 21, Rule 26 of the CPC.

Finding of the Court:

The court found that the appeal under Sec. 37 of the said Act could only be preferred against the order granting or refusing to grant any measure under Sec. 9 or against the order setting aside or refusing to set aside the arbitral award under Sec. 34 of the said Act. Since the present appeal was filed challenging the order passed by the executing Court in the application filed under Order 21, Rule 26 of CPC, it was deemed not maintainable under Sec. 37 of the said Act. Therefore, the appeal was dismissed.

Issues: The main issue was the maintainability of the appeal under Sec. 37 of the Arbitration & Conciliation Act, 1996, in relation to the order of the executing Court.

Ratio Decidendi: The court interpreted Sec. 37 of the said Act and concluded that the appeal could only be preferred against specific orders related to measures under Sec. 9 or setting aside of arbitral awards under Sec. 34. Since the present appeal did not fall within these categories, it was deemed not maintainable.

Final Decision: The appeal was dismissed as not maintainable under Sec. 37 of the Arbitration & Conciliation Act, 1996.