- (1.) We have seen the impugned judgment and order and heard the learned Counsel for the parties, we are of the view that this is not appealable order for the following reasons ;- Admittedly the application, before the learned Trial Judge, under Section 11 of the Arbitration and Conciliation Act, 1996 was filed. The learned Trial Judge has been pleased to allow the application and found that there has been existence of the arbitration agreement and the same also covers the disputes canvassed before His Lordship. Hence, His Lordship has been pleased to refer the matter to the Hon'ble The Chief Justice for appointment of arbitrator. This order is not an appealable as provided under Section 37 of the Arbitration and Conciliation Act, 1996. Smt. Banerjee (nee Roy) concedes it is not an appealable order under Section 37 of the Arbitration and Conciliation Act, however, she submits that it is an appealable order within the meaning of Clause 15 of the Letters Patent as the question of jurisdiction and violation of principle of natural justice are involved. The precise point is that whether this Court can entertain the appeal with the aid of Clause 15 of the Letters Patent, in other words whether provision of Section 37 is the exclusive power under statute entertaining the appeal or not. Now it is settled position of the law that order passed under Section 11 of the said Act is not an appealable we cannot differ from this consistent view not only of the Apex Court but also of this Court.
(2.) Therefore, we set out Section 37 of the said Act;- "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) ing aside or refusing to set aside an arbitral award under Section 34. (2) An appeal shall also lie to a court from the 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 of the Supreme Court."
(3.) The bracketed words specifically mention that appeal may be brought against any order other than the order passed mentioned in sub Section (1) of the said Section.;