K.Govindarajan, J.

The above appeal is filed against the order dated 19.12.2000 in C.M.A.No.874 of 1998 passed by the learned single Judge of this Court.

2. We need not go into the merits of the case, in view of the preliminary objection raised by the learned counsel for the respondents regarding maintainability of the above appeal.

3. According to the learned counsel for the respondents, second appeal is not maintainable, as barred under Section 39(2) of the Arbitration Act, 1940. To appreciate the said condition, it is beneficial to extract Section 39 of the Arbitration Act, 1940, which reads as follows:

" Section 39: Appealable orders.

(1) An appeal shall lie from the following orders passed under this Act and from none 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:

Provided that the