Hon'ble Virendra Singh,J.
Heard learned counsel for the petitioner and learned standing counsel for the respondents.
By this writ petition, the petitioner has prayed for mandamus directing the appellate court to decide the appeal No.170 of 2007 Bhola Nath Verma Vs. U.P.Awas Vikash Parishad and others pending before the appellate court.
Learned counsel for the petitioner submits that arbitration award was given on 23.3.1983 against which award an appeal has been filed u/s 37 of Arbitration & Conciliation Act 1996 which appeal has been admitted by the appellate court but is not being decided expeditiously.
Learned counsel for the respondent no.1 submits that appeal filed by the petitioner u/s 37 of 1996 Act is not maintainable. The award given by the Arbitrator was an award u/s 71 of the U.P.Cooperative Societies act 1965 and the appeal would lay u/s 98 of the Act 1965. He submits that appeal is not maintainable.
Copy of the appeal has been filed as Annexure-6 to the writ petition. Perusal of which indicates that appeal was filed u/s 37 of Arbitration and Conciliation Act 1996, Section 37 of the Act is as follows:-
37. Appealable orders.-(1) An appeal shall lie from the following orders( and from no others) to the Court authorized by law to hear appeals from original decree of the Court passing the order, namely-
(a) granting or refusing to grant any measure under Section9;
(b) setting aside or refusing to set aside an arbitral award under Section 34.
(2) An appeal shall also lie to a Court from an order of the arbitral tribunal-
(a) accepting the plea referred to in sub-section (2) or sub-section(3) of Section 16; or
(b) granting or refusing tol 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 to the Supreme Court.
That appeal is claimed under section 37 (b). Sub section (1)(b) provides that an appeal against the order setting aside or refusing to set aside an arbitral award under Section 34. In the present case there is no occasion for filing an appeal under Section 37(1)(b) since there is order under section 34 of the Act.
We are satisfied that the appeal filed by the petitioner is not maintainable. We are not inclined to issue direction as prayed by the petitioner.
The writ petition is dismissed.
Order Date :- 19.1.2010 Hsc/