Narendra Singh vs Union of India (UOI) and Another

Deoki Nandan, J.—This is an appeal from an order of the Court of the II Additional Civil Judge, Meerut, refusing to grant temporary injunction in a proceeding u/s 20 of the Arbitration Act.

The learned II Additional Civil Judge found that a temporary injunction could be issued in a proceeding u/s 20 of the Arbitration Act, u/s 41(b) read with Item 4 of Schedule II to that Act. On the merits he found that the Plaintiff had failed to make out a prima facie case and further that the balance of convenience lay in favour of the Defendants. The order passed by the learned II Additional Civil Judge is clearly an order u/s 41(b) read with Schedule II to the Arbitration Act. The Arbitration Act makes provision by Section 39 for appeals from orders passed under the Act and at the same time lays also down that appeals shall not lie from any other order passed under the Act. The order was not passed under the CPC and consequently no appeal lay under Order XLIII Rule 1 Code of Civil Procedure. Under the circumstances I am bound to hold that the appeal is not maintainable.

This objection was raised by way of a preliminary objection by Mr. Lalji Sinha, learned Counsel for the Defendant-Respondents and must, therefore, be upheld.

In the result, the appeal fails and is dismissed, but there will be no order as to costs.