MAHANT SUBASH SHAH Vs. KULBIR SINGH

JUDGEMENT

(1.) The instant appeal has been filed by the appellant herein, against order dtd. 15/2/2023, under an in terms of Sec. 37 of the Arbitration and Conciliation Act 1996(for short 'the Act") for setting aside of order dtd. 15/2/2023 (for short the impugned order") passed by the Court of Additional District Judge, Jammu (for short the Court below") in case titled as "Kulbir Singh vs Mahant Subah Shah."

(2.) Upon coming up this appeal for consideration, the counsel for the appellant came to be directed to address on the question of maintainability of the appeal in the first instance.

(3.) Mr. U. K. Jalali, Senior Advocate appearing for the appellant, in response to the question of maintainability of the instant appeal would contend that though the order under challenge in the instant appeal is not provided to be an appealable order under Sec. 37 of the Act of 1996, yet the same can be treated and converted either into a revision petition or else a petition under Article 227 of the Constitution. The counsel for the appellant in support of his submissions relied upon to the judgments of the Apex Court passed in case titled as "(Col.) Anil Kak (Retd.) vs Municipal Corporation, Indore, reported in 2005 (12) SCC 734" and in case titled as "Kiran Devi vs The Bihar State Sunni Wakf Board & Ors, reported in AIR 2021 SC 195". Besides the aforesaid judgments, the judgment passed by this Court in case titled as "President D.A.V College Managing Committee vs Poonam Mahajan and Ors., reported in Jammu Kashmir Law Times, 2018 (3) 646" also came to be relied upon by the counsel.