Calcutta High Court (Appellete Side)
Damodar Valley Corporation (Mejia ... vs Kerala State Electronics Development on 18 February, 2019
Author: Sanjib Banerjee
Bench: Sanjib Banerjee
1
1 18.2.2019
FMAT 152 of 2019
gd with
CAN 1400 of 2019
Damodar Valley Corporation (Mejia Project)
Vs.
Kerala State Electronics Development
Corporation Ltd.
Mr. Joydeep Kar
Mr. Subir Pal
..for the Appellant
Mr. Aniruddha Chatterjee
Mr. Kushol Chatterjee
Mr. Mohan Lal Banerjee
Mr. Subhasis Mitra
..for the Respondent
The appeal is directed against an order by which the impugned arbitral award has been unconditionally stayed while receiving the challenge under Section 34 of the Arbitration and Conciliation Act, 1996.
Section 37 of the Act of 1996 provides what orders are appellable. It is only an order setting aside or refusing to setting aside an arbitral award under Section 34 of the Act which is appellable; and not any interim or ad interim order made in course of the proceedings under Section 34 of the Act.
In view of the wording of Section 37(1) of the Act of 1996 and since the Act of 1996 is the entire repository on arbitration law in this country, the present appeal is dismissed as not maintainable.
The appellant will be entitled to take back the 2 certified copy of the impugned order upon leaving behind a photocopy thereof duly countersigned by Advocate.
FMAT 152 of 2019 fails as not maintainable. CAN 1400 of 2019 is dismissed.
There will be no order as to costs.
Urgent certified website copies of this order, if applied for, be made available to the parties upon compliance with the requisite formalities.
(Sanjib Banerjee, J.) (Suvra Ghosh, J.) 3