MAHANAGAR TELEPHONE NIGAM LTD Vs. UNIBROS

JUDGEMENT

(1.) THE present appeal has been filed under Section 39 of the Indian arbitration Act, 1940 for setting aside the judgment and order dated 5th may, 2003 passed by learned Single Judge in Suit No. 266-A/2001.

(2.) AT the outset, Mr. Madan Bhatia, learned Senior Counsel for the respondent raised a preliminary objection to the maintainability of present appeal on the ground that under Section 39 of the Arbitration Act, 1940 appeals were maintainable only against the orders mentioned in Clauses (i)to (vi) of Section 39 (1 ). Section 39 of the Arbitration Act, 1940 is reproduced hereinbelow for ready reference:-

(3.) MR. Bhatia referred to the observations of the Hon'ble Supreme Court in Union of India v. Mohinder Supply, AIR 1962 SC 256 and observations of this Court in Union of India v. A. S. Dhupia, AIR 1970 delhi 108 wherein it has been held that the right to appeal is a creature of the statute and the Arbitration Act being a complete code within itself has given a right to appeal only in respect of certain orders and consequently the right to appeal against other orders has expressly been taken away. The relevant observations of the Supreme Court and this Court are reproduced hereinbelow:-