SUMIT BUILDERS Vs. PRAGATISHEEL SHIKSHA SAMITI

JUDGEMENT

(1.) Two proceedings were initiated under Section 9 of the Arbitration and Conciliation Act, 1996. being Regular Suit Nos. 22 and 23 of 1998. In both these cases, the appellant was opposite party No. 1. By an order dated 27.8.1999. the said proceedings were disposed of finally granting protection to the applicants therein. It is submitted on behalf of the appellants that applicants had preferred an appeal before this Court against the said order dated 27.8.1999 which Is pending. The appellants subsequently filed an application for modification or recalling or setting aside the order dated 27.8.1999 passed in the said two cases. This application was rejected by an order dated 11.4.2000 on merits. It is this order against which the present appeal has been preferred under Section 37 of the said Act.

(2.) The question for determination that arises in this case, is as to whether the order dated 11.4.2000 is an order within the meaning of Section 9 of the said Act and as such appealable under Section 37(1) (a) of the said Act.

(3.) Learned counsel for the appellant submits that this order dated 11.4.2000 is an order within the meaning of Section 9 of the Arbitration Act since the protection claimed by the appellants has been refused. He refers to the concluding part of the order dated 27.8.1999 and contends that by reason of the liberty given tn the said order, the application for modification was made. Therefore, the order dated 11.4.2000 is an order even when modification is refused, within the meaning of Section 9 of the said Act. He further contends that in case the appeal is not maintainable, then the same may be converted into a petition under Article 226 or 227 of the Constitution of India and the Court may invoke its jurisdiction since the order dated 27.8.1999 was wholly without Jurisdiction. He had also addressed the Court on merits of the case.