(1.) THIS is an appeal from an order of the Court of the II Additional Civil Judge, Meerut, refusing to grant temporary injunction in a proceeding under Section 20 of the Arbitration Act.
(2.) THE learned II Additional Civil Judge found that a temporary injunction could be issued in a proceeding under Section 20 of the Arbitration Act, under Section 41 (b) read with Item 4 of Schedule II to that Act. On the merits he found that the plaintiff had failed to make out a prima facie case and further that the balance of convenience lay in favour of the defendants. THE order passed by the learned II Additional Civil Judge is clearly an order under Section 41 (b) read with Schedule II to the Arbitration Act. THE Arbitration Act makes provision by Section 39 for appeals from orders passed under the Act and at the same time lays also down that appeals shall not lie from any other order passed under the Act. THE order was not passed under the Code of Civil Procedure and consequently no appeal lay under Order XLIII Rule 1 CPC. Under the circumstances I am bound to hold that the appeal is not maintainable.
(3.) IN the result, the appeal fails and is dismissed, but there will be no order as to costs. Appeal dismissed