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Judgment
A.S. Venkatachalamoorthy, J.—The above appeal has been filed against the order of the learned single Judge dated 25th April, 2000 in
Application No. 1809 of 1919 in C.S. No. 459 of 1996, appointing another Arbitrator instead of the original Arbitrator Sri. S. Aravamuthan. The
said application No. 1809 of 1999 was filed by the respondent herein under Sections 14 and 15 of the Arbitration & Conciliation Act, 1996.
Among other grounds, the appellant herein resisted the application contending that the respondent has not made out a case under Sections 14 and
15 of the said Act.
The learned single Judge, after considering the materials available on record and the contentions of both the parties, passed the said order dated
25.4.2000.
Even before this Court, the appellant has taken a ground (ground No. 17) that the respondent has not made out a case within the ambit of
Sections 14 and 15 of the said Act.
Section 37 of the Arbitration & Conciliation Act, 1996 sets out as to when an appeal will lie against the order of the learned single Judge. It has
also to be mentioned that the section further makes in clear that no appeal will lie in respect of the order other than the one mentioned in Section
This being an order passed under Sections 14 and 15 of the Act, the appeal is not maintainable.
The learned counsel for the respondent is right in his contention that the ruling reported in State of West Bengal Vs. Gourangalal Chatterjee,
strengthens his plea that no appeal is maintainable against the order of the learned single Judge. Consequently, the appeal is dismissed as not
maintainable. No costs Consequently, C.M.P. 16389 of 2000 is also dismissed.