HARI SHANKAR GUPTA Vs. UNION OF INDIA

JUDGEMENT

(1.) -

(2.) THE question that arises in this appeal under Section 39 of the Indian Arbitration Act, 1940 (hereinafter called "the Act") and Section 10 of the Delhi High Court Act, 1966 (hereinafter called "the High Court Act") is as to its maintainability either under Section 39 of the Arbitration Act or under Section 10 of the High Court Act or under clause 10 of the letters Patent. THE appeal has been filed in the following circumstances :

(3.) IN support of the preliminary objection, learned counsel for the respondent contended that Section 39 of the Act was exhaustive of the orders passed under the Act against which an appeal was maintainable and that the order dismissing the appellant's application under Section 14(2) and 17 of the Act as being barred by time was beyond the scope of Section 39 and an appeal under Section 30 was, therefore, not maintainable against the order. He further contended that the judgment of the learned Single Judge, though a "judgment" within the meaning of Section 10 of the High Court Act as also clause 10 of the Letters Patent, was nevertheless not appealable under any of the said provisions because of the provisions of sub-section (1) of Section 39 which in terms excluded all orders other than these mentioned in Section 39 from the purview of any appeal whether under the Act or under any other provision of law and placed reliance in support of his contention on an unreported judgment of the Supreme Court in the case of Balram and Anguri Devi, Civil Appeals Nos. 719 of 1962 and III of 1965, decided on February 17, 1965 (1) ; decision oF the Supreme Court in the case of Nilkantha Sidramappa Ningashetti v. Kashinath Somanna Hingashetti and others, AIR 1962 S.C. 666 (2): two Full Bench judgments of this Court in the case of University of Delhi and another v. Hafiz. Mohd. said and others, AIR 1972 Delhi 102 (3) and of Union of INdia v. A. S. Dhupia and another, AIR 1972 Delhi 103 (4) and a Division Bench Judgment of this Court in the case of Union of INdia and others v. M/s. N.K. Pvt. Ltd. and another, AIR 1972 Delhi 202 (5).