SL.
No Date
Office Notes,
reports, orders or
proceedings or
directions and
Registrar’s order
with Signatures
COURT’S OR JUDGES’S ORDERS
AO No.145 of 2022
Shri Vipin Sanghi, C.J.
Shri Ramesh Chandra Khulbe, J.
Mr. B.D. Pande, learned counsel for the
appellant.
Mr. T.A. Khan, learned senior counsel
assisted by Ms. Sadaf, learned counsel for
the respondent.
The present appeal from order has been
preferred under Section 13 of the
Commercial Courts Act to assail the order
dated 06.01.2022, passed by the
Commercial Court, Dehradun in Arbitration
Case No. 6 of 2021 filed by the appellant.
The said case had been preferred under
Section 14 and 15 of the Arbitration and
Conciliation Act to seek termination of the
mandate of the arbitrator. The said petition
preferred by the appellant has been
rejected.
The present appeal is not maintainable
since the impugned order is not specifically
made appealable under Section 37 of the
Arbitration and Conciliation Act, 1996.
Therefore, the appeal under Section 13 of
the Commercial Courts Act would not be
maintainable as it specifically provides that
the appeal under Section 13 of the Act shall
lie from an order passed by the Commercial
Division or the Commercial Court that are
specifically enumerated under, inter-alia,
Section 37 of the Arbitration and
Conciliation Act, 1996.
Accordingly, the appeal is dismissed as
not maintainable.
(R.C. Khulbe, J.) (Vipin Sanghi, C.J.)
21.12.2022
BS/SK