Arun Mishra, J.

1. Writ petitions have been filed as against order (P-1), dated 3-7-2009 dismissing the application preferred under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to 'Act of 1996'). Under Section 19 of the Micro, Small and Medium Enterprises Development Act, 2006 (hereinafter referred to as 'the Act of 2006') direction was issued to make the deposit of amount which order was not complied with. Due to non-compliance of the order, ultimately, the main applications under Section 34 of the Act of 1996 were dismissed by the 6th Addl. District Judge, Bhopal in the aforesaid cases, which orders have been impugned in these writ petitions.

2. A preliminary objection has been raised by Shri Pushpendra Kaurav, learned Counsel appearing on behalf of the respondent No. 1 that an appeal lies under the provision of Section 37 of the Arbitration and Conciliation Act, 1996 as against an order passed under Section 34(1)(b) of 1996 Act. He has placed reliance on decision of the Apex Court in Essar Constructions v. N.P. Rama Krishna Reddy (2000) 6 SCC 94.

3. Shri Priyank Jain, learned Counsel appearing on behalf of the petitioners has submitted that it