SHAKTI FABRICS Vs. RAM TEXTILES

JUDGEMENT

(1.) JUDGMENT

(2.) THIS is a petition under Section 115 of the Code of Civil Procedure (hereinafter referred to as the CPC) against the order of the Commercial Sub-Judge, Delhi dated 28-10-89 allowing the application of the respondent herein under Section 34 of the Arbitration Act (hereinafter referred to as the Act).

(3.) IN support of his contention that the order is revisable in spite of its being appealable he has cited a Division Bench judgment of the Patna High Court in the caseof Yugal Kishore Sinha v. Nagendra Prasad Yadav AIR 1964 Patna 543. To my mind this case is of no help to the petitioner for the reason that on an application under Section 34 of the Act on order of slay had been granted staying the proceedings. Against such an order an appeal had been filed, it was held in this case that the order of stay was not under Section 34 of the Act but under Section 151 Civil Procedure Code and in this view of the matter the appeal filed against the impugned order in the case was treated as a revision petition and disposed of as such.