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Judgment
J.V. Gupta, Acting C.J.—This revision petition is directed against the order of the trial Court dated November 16, 1987 whereby the application u/s 34 of the Indian Arbitration Act filed on behalf of the defendant as well as the application u/s 10 C. P. C. for staying the proceedings in the suit has been dismissed.
The Food Corporation of India filed a suit for the recovery of amount against the defendant in which an application was moved that since there is arbitration agreement with the parties, the suit should be stayed u/s 34 of the Arbitration Act. Another application was filed to say that since the award has been given by the Arbitrator, the proceedings in the suit should be staged u/s 10 of the Act. Both these applications were contested on behalf of the plaintiff. The trial Court found that since the award has already been given, the application filed u/s 34 of the Arbitration Act was not naintainable. As regards the plea for staying the proceedings in the suit, the trial Court found that it could not be said that on the basis of the award of the Arbitrator, on the claim of the defendant, the present suit of the Food Corporation of India is liable to be dismissed.
If could not be disputed that u/s 39 of the Arbitration Act, an order, staying or refusing to stay legal proceedings v here there is an arbitration, agreement, is appealable Since no appeal was filed, the revision petition against the said order was not maintainable. As regards the plea that what is the affect of the award in favour of the defendant on the suit, the same plea may be available to the defendant in the written statement. The question of staying the proceedings u/s 10 of the Indian Arbitration Act did not arise.
Consequently, this petition fails and is dismissed with costs,
The patties have been directed to appear in the trial Court on June 12, 1990.