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Judgment
Anoop Kumar Dhand, J
None has put in appearance on behalf of the appellants.
The present appeal is lying in defect side since April, 2019. As per the Office objection, this civil misc. appeal has been filed against the order dated 23.04.2019 passed by the Sole Arbitrator in Arbitration Case No. JFL/173/2018 whereby application under Section 16 of the Arbitration and Conciliation Act, 1996 (for short ‘the Act of 1996’) filed by the appellants has been rejected.
Bare perusal of the provisions contained under Section 37 of the Act of 1996, an appeal shall lie to a Court from an order of the Arbitral Tribunal accepting the plea referred to in sub-section (2) or sub-section (3) of section 16. Here in this case, the application filed by the appellants has been rejected, hence, the order impugned is not appealable order under Section 37 of the Act of 1996.
Hence, this appeal is dismissed as not maintainable.
Stay application is also not maintainable, hence, the same is dismissed as well.
However, the appellants would be at liberty to take the appropriate remedy available to them under the law.