- (1.) HEARD Sri S.S. Upadhyaya, Advocate holding brief for Sri Rajneesh Sharma, appearing for the Appellant and Sri C.S. Singh appeared for the Respondent.
(2.) THE present Appeal has been filed under Section 37 of Arbitration and Conciliation Act, 1996 ( hereinafter referred to as the 'Act') against the order dated 21st January, 2011 passed by learned District Judge which is quoted below: 21.01.2011 - Seen the Munsarim report. Register as Misc. Case. Issue notice to the O.P. Steps both ways within a week. Fix on 04.02.2011 for hearing. Stay matter shall be heard after appearance of the opposite party. Sd/ District Judge 21.01.2011 The appeal was taken on 29th January, 2011 when this Court directed the learned Counsel appearing for the Appellant to go through the question as to whether the appeal is maintainable under Section 37 of the Act or not. Today Sri S.S. Upadhyaya, Advocate holding brief for Sri Rajneesh Sharma appearing for the Appellant submitted that the present appeal is maintainable as the impugned order would amount to refusal of grant the measure provided under Section 9 of the Act. He relied upon the decision of the Apex Court in the case of Firm Ashok Traders and Anr. v. Gurumukh Das Saluja and others : AIR 2004 SC 1433. In paragraph 17 of the judgment, the Hon'ble Supreme Court has held that the purpose of enacting Section 9, read in the light of the Model Law and UNCITRAL Rules is to provide ' interim measures of protection.' The order passed by the Court should fall within the meaning of the expression ' an interim measure of protection ' as distinguished from an all -time or permanent protection. He also relied upon the interim order dated 27th of March, 2009 passed by this Court in First Appeal From Order No. 1012 of 2009, M/s Mahindra & Mahindra Financial Services Limited v. Anil Kumar Tiwari. Under similar circumstances this Court had been pleased to entertain the appeal and to grant an interim order, he, therefore, submitted that the present appeal is maintainable.
(3.) WE have given our anxious consideration to the various plea raised by learned Counsel for the Appellant and find that under Section 37 of the Act a limited right of appeal has been given. For ready reference Section 37 of the Act is reproduced below: 37. Appealable orders. -(1) An appeal shall lie from the following orders (and from no others) to the Court authorised by law to hear appeals from original decrees of the Court passing the order, namely: (a) granting or refusing to grant any measure under Section 9; (b) setting aside of refusing to set aside an arbitral award under Section 34. (2) An appeal shall also lie to a Court from an order granting of the arbitral tribunal (a) accepting the plea referred in Sub -section (2) or Sub -section (3) of Section 16; or (b) granting or refusing to grant an interim measure under Section 17. (3) No second appeal shall lie from an order passed in appeal under this section, but nothing in this section shall affect or take away any right to appeal to the Supreme Court.;