JUDGMENT :

Sanjib Banerjee, C.J.

1. A limited question is involved in this matter pertaining to the maintainability of the appeal.

2. By the order impugned, certain grounds taken to challenge a arbitral award under Section 34 of the Arbitration and Conciliation Act, 1996 have been disregarded and notice has been issued on limited grounds rather than the full gamut of the challenge to the award as designed by the appellant herein. The undisputed position is that the order impugned did not have the effect of rejecting the challenge to the award, either wholly or in part.

3. Section 37 of the Act provides for the orders under the Act from which appeals may be carried. Section 37(1)(c) reads thus:

"setting aside or refusing to set aside an arbitral award under Section 34".

4. Thus, it is the setting aside or refusing to set aside an arbitral award on which hinges the right to prefer an appeal from the relevant order.

5. An arbitral award may be made under different heads. It is possible that the grounds furnished in the award in support of certain heads find favour with the Arbitration Court while receiving a petition under Section 34 of the Act and, even at such initial stage, the Court do