KOLEY CONSTRUCTION Vs. TARUN KANTYI CHOWDHURY

JUDGEMENT

(1.) The appeal is directed against the order dtd. 3/8/2023 in an application for setting aside of an award passed by the learned sole Arbitrator on 14/2/2023. Before the learned Single Judge, the appellant has raised a preliminary objection that the award was passed by the learned Arbitrator after the time limit for publishing the arbitral award had expired. This preliminary objection was overruled and the matter was listed on 30/8/2023 in order to enable the appellant to make arguments on other points. This order is under challenge.

(2.) A preliminary objection is raised with regard to the maintainability of the appeal. The said order is neither appellable under Sec. 37 of the Arbitration and Conciliation Act, 1996 nor under the provisions of the Commercial Courts Act, 2015. However, if we give a broad interpretation to Sec. 37(a)(1)(c) of the Arbitration and Conciliation Act, 1996 to mean that it can be read as refusal to set aside an arbitral award under Sec. 34 notwithstanding its preliminary nature, still then we are not convinced on the argument made on behalf of the appellant that the said issue was decided on a wrong interpretation or misconstruction or wrong appreciation of Sec. 29-A of the Arbitration and Conciliation Act, 1996.

(3.) For the purpose of proper appreciation, it is necessary to refer to Sec. 29-A of the Arbitration and Conciliation Act, 1996 and few dates. Sec. 29-A of the Arbitration and Conciliation Act, 1996 reads as follows:-