ORDER :

HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD

1. The application has been filed under Article 227 of the Constitution of India challenging the order dated 13.07.2023 passed by the learned Presiding Officer, Commercial Court, Ranchi, in Commercial Execution Case No. 02 of 2023.

2. The petition since has been filed under Article 227 of the Constitution of India and hence, the objection has been raised regarding maintainability of the instant petition.

3. Mr. Sachin Kumar, learned Additional Advocate General appearing for the State assisted by Ms. Surabhi has submitted that the instant petition is well maintainable on the basis of the following grounds:-

(i) Under the arbitration and conciliation Act, 1996 the forum of appeal is under Section 37 to invoke the jurisdiction of the appellate court as per the appellate order referred herein.

(ii) It has been submitted by referring to the provision of Section 37 (1) of the Arbitration and Conciliation Act, 1996 which provides three eventualities to invoke the jurisdiction conferred to this Court under Section 37 of the Arbitration and Conciliation Act, 1996, namely –

(a) Refusing to refer the parties to arbitration under Section 8;

(b) Granting