SHYAM TELECOM LTD Vs. A.R.M. LTD

JUDGEMENT

(1.) THE Appellant has filed the present appeal being FAO (OS) No. 198/2004 under Section 37 of the Arbitration and Conciliation Act, 1996 and Section 10 of the Delhi High Court Act, 1996. In this appeal the appellant has prayed for setting aside of the judgment and order dated 17th September, 2004 passed by the Single Judge of this Court in OMP No. 407/2003 by virtue of which the Appellant's application under Section 14 (2) of the Arbitration and Conciliation Act, 1996 was dismissed.

(2.) AT the outset, the learned counsel for the Respondent has raised a preliminary objection to the maintainability of the present appeal. Mr. Kaul contends that in view of Section 37 (1) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as Arbitration Act, 1996), it is not open to the Appellant to file the present appeal before a Division Bench of this Court. He submits that the present appeal is not maintainable as the two contingencies in which appeal is maintainable as provided under Sub-Section (a) and (b) of Section 37 (1) are admittedly not there namely (a) it is not an order granting or refusing to grant any measure under Section 9 or, (b) setting aside or refusing to set aside arbitral award under Section 34. Emphasis is laid by the Respondent's counsel on the expression "and from no others" to say that the appeal in all other cases is excluded. Section 37 (1) of the Arbitration Act, 1996 is reproduced herein below for ready reference :-

(3.) MR . Kaul also referred to a judgment of this Court in the case of Pradeep Anand v. I.T.C. Ltd. and Ors. reported at 2000 (4) Raj 518 (Del). The relevant para of the said judgment is reproduced herein below for ready reference :-