UNION OF INDIA Vs. VIJAY ELECTRICALS

JUDGEMENT

(1.) THE present appeal has been filed by the appellants -judgment debtors under Sec. 37 of the Arbitration & Conciliation Act, 1996 (hereinafter referred to as 'the said Act') challenging the order dated 5.7.11 passed by the Addl. District Judge No. 1, Ajmer (hereinafter referred to as 'the executing Court'), in Execution Application No. 38/09, whereby the Executing Court has dismissed the application of the appellants seeking stay of execution of the award under Order XXI Rule 26 of the CPC. At the outset the learned counsel Mr. O.P. Mishra for the respondent has raised the preliminary objection against the maintainability of the present appeal under Sec. 37 of the said Act.

(2.) AFTER having heard the learned counsels for the parties, it appears that the appeal under Sec. 37 of the said Act could be preferred only against the order passed by the Court granting or refusing to grant any measure under Sec. 9 or against the order setting aside or refusing to set aside the arbitral award under Sec. 34 of the said Act. The present appeal having been filed challenging the order passed by the executing Court in the application filed by the appellants under Order XXI Rule 26 of CPC, the same could not be said to be maintainable under Sec. 37 of the said Act. Hence, the appeal is dismissed being not maintainable under Sec. 37 of the said Act.