SHRI PAL JAIN Vs. VIJAY PAL JAIN

JUDGEMENT

(1.) This appeal under Sec. 37 of the Arbitration and Conciliation Act, 1996 (for short the 'Act') filed by the appellant is directed against the order dated 18.07.2016 passed by the Chairman Arbitrar Tribunal/District Judge, Meerut in Arbitration Case no. 16 of 2016 (Vijay Pal Jain Vs. Shri Pal Jain admitting the application made by the respondent herein under Sec. 9 of the Act, registering the same as arbitration case, inviting objection and fixing 2 Aug., 2016 for hearing.

(2.) We have heard Sri Anurag Khanna, learned Senior Advocate assisted by Ms. Gunjan Jadwani for appellant and Sri Vivek Chaudhary assisted by Sri Adarsh Bhushan for the respondent.

(3.) A preliminary issued has been raised by the learned counsel for the respondent with respect to maintainability of this appeal filed against an order inviting objection and fixing a date for disposal of the application under Sec. 9 of the Act. It is contended that appeal is a creature of Statute and unless there is provision prescribed by law for filing an appeal it would not be maintainable. Referring to Sec. 37 of the Act, it is contended that a limited right of appeal has been given only against the order specified therein and since the order impugned herein is not specified, the present appeal is not maintainable.