- (1.) The Stamp Reporter has reported on 24.03.2014 this First Appeal From Order (under Section 37(1)(b) of the Arbitration and Conciliation Act, 1996) as defective for non-filing of certified copy of the formal order. Sri Kesari Nath Tripathi, learned Senior Counsel had raised a preliminary objection as to the maintainability of this appeal hence on 25.03.2014 this Court passed the following order:- "We have heard Sri Shashi Nandan learned Senior Counsel assisted by Sri Manish Goyal who has filed his power today for the appellant and Sri Kesari Nath Tripathi learned Senior Counsel assisted by Sri Ajay Bhanot counsel for the respondent nos.3 to 5. Sri Rajeev Misra and Sri Ravi Anand Agarwal have also filed their power on behalf of the appellant today. Let the same be taken on record. The submissions of learned counsel for the parties have been made on the preliminary objection raised by respondent nos. 3 to 5 regarding maintainability of this appeal under Section 37(1)(b) of the Arbitration and Conciliation Act 1996. Let this appeal be listed on 02.04.2014 for delivery of orders on the preliminary objection."
(2.) This First Appeal From Order has been filed under Section 37(1)(b) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act) against the order dated 06.07.2011 passed by the District Judge, Gautam Buddh Nagar in Misc. Case No.33 of 2010 (International Trade Expo Centre Ltd. Vs. Mukesh Sharma and others).
(3.) By the impugned order the preliminary objection (Paper No.23-C) of the Respondent No.3 has been sustained and the application under Section 34 of the Act made by the appellant has been returned back for want of jurisdiction with liberty to the appellant to file it before a Court of competent jurisdiction.;