MUZAFFAR HUSSAIN ATTAR, HASNAIN MASSODI
Vethesta Construction & Anr. – Appellant
Versus
State & Ors. – Respondent
1. The appellant filed an application for grant of interim relief Under section 9 of Arbitration and Conciliation Act of 1997(for short Act of 1997). This application was dismissed by the learned Principal District Judge, Anantnag, vide order dated 28.06.2011. The appellant feeling aggrieved of the said order, challenged the same in Statutory Appeal No. 02/11, which appeal was dismissed by the Id Single Judge on 11th July 2011. The appellant in order to vindicate his legal rights has filed this LPA praying therein that the impugned judgment/orders be set aside and his application filed u/s 9 of the Act of 1997 be allowed.
2. The court on 12th Sept. 2011 while modifying the earlier interim order, provided that question about the maintainability of Letters Patent Appeal would be considered at the time of hearing of the appeal.
Mr. Allau din Ganaie, Ld Dy. AG, raised preliminary objection about the maintainability of this LPA on the ground that after dismissal of statutory appeal filed by the appellants u/s 37 of the Act of 1997, in view of the language of the said Section, no further appeal can be filed in this court. Ld counsel in this behalf referred to sec
(1998) 1 SCC 500 (Observed) (Para 3)
(1999) 2 SCC 541 (Observed) (Para 3)
(2000) 4 SCC 368 (Observed) (Para 3)
(2011) 7 SCC 69 (Observed) (Para 12)
AIR 1998 SC 424 (Observed) (Paras 3
AIR 2002 SC 1626 (Observed) (Paras 3
AIR 2004 SC 5152 (Relied on) (Para 10)
Union of India v. Mahindra Supply Company (1962) 3 SCR 497 : AIR 1962 SC 256 (Observed) (Para 9
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