Learned counsel for the revisionists states that proceeding arises under the old provisions of Arbitration Act and against the impugned order no appeal lies and, therefore, revision is maintainable.
In support of the contention he relied upon the decision of this Court in the case of Smt. Balika Devi and another Vs. Kedar Nath Puri, reported in AIR 1956 Allahabad-377 and the decision of the Apex Court in the case of Shyam Sunder Agarwal and Company Vs. Union of India, reported in AIR 1996 SC-1321.
Prima facie, the submission of learned counsel for the revisionists has substance.
Issue notice to respondents returnable at an early date. The revisionists may take steps within a week.
List in week commencing 25.3.2011. The question about the maintainability of the revision may also be considered and decided at the time of final disposal of the revision.
Order Date :- 14.3.2011 OP