- (1.) The instant appeal has been directed against a judgment and/or order dated 22nd December 2009 when the Hon'ble Single Judge has refused to grant leave under Clause 12 of the Letters Patent, 1865 in connection with an application filed by the appellant under the provision of Section 9 of the Arbitration & Conciliation Act, 1996 (hereinafter referred to as the 'said Act').
(2.) The only question involved in this appeal is whether in the facts and circumstances of this case pleaded in the petition filed by the appellant before the Hon'ble First Court, the appellant was entitled to grant of leave under Clause 12 of the Letters Patent?
(3.) From the facts it appears that at the time of presentation of an application under Section 9 of the said Act the Hon'ble single Judge was pleased to dismiss the application at the time of presentation of the said application when the appellant was seeking leave under Clause 12 of the Letters Patent. It is a fact which has been stated on behalf of the appellant that the averments made by the appellant in the application have not been controverted or refuted by the respondents by filing an affidavit on the date of the presentation of the petition under Section 9 of the said Act.;